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    Suggestions? before I call my attorney...

    Not sure where I'm going from here. I have 2 weeks to move completely out of my house. I have been looking but most two bedroom places are at least 200 more than what I'm paying and more likely 300.... Can I file an amendment? Should I? That is the one big thing that I've been trying to avoid, but it looks as if I won't be able to avoid it any further, any suggestions?
    Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
    Motion to Discharge: FILED!! 08/07/13
    60 down/0 to go \m/(*.*)\m/ 100% complete!

    #2
    Let me note that I am in a 36 month plan therefore, there is room for the plan to be extended a bit.
    Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
    Motion to Discharge: FILED!! 08/07/13
    60 down/0 to go \m/(*.*)\m/ 100% complete!

    Comment


      #3
      Just a suggestion, and I don't know how practicle it is, can you work a deal to pay rent to your mortgage company. You know, an empty house is target for vandalism and breakins. This would help you and do your mortgage company a favor. Can you pay through? Need more info. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


        #4
        Allow me to clarify... I am on a month-to-month lease. I don't own my house. I am up to date on my rent, but land lady lost her place of business in the storm and I assume she now wants to use the house I live in for storage purposes. This is all I can assume because she didn't call me and won't return my calls. She left a note on my stove yesterday saying something vague... actually it said. "Heather - this location is a parts depot for ---------- (< her business). We lost the store. Get everything out that you want to keep. We are desperate. Please be out by the end of the month. -Georgia"

        Pretty much leaves me with no option. I could stay and let her go through the eviciton process but then I'd have a helluva time getting a new place and my credit would be worse off than it already is.
        Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
        Motion to Discharge: FILED!! 08/07/13
        60 down/0 to go \m/(*.*)\m/ 100% complete!

        Comment


          #5
          You should atleast stay there until you can secure another place to live. She can't expect you to move out in days!! I'm sure your lease says that you have to give notice before you move out.
          Filed Chapter 13 05/23/08
          Converted to Chapter 7 Jan 2012
          Discharged April 2012

          Comment


            #6
            Her husband told me two weeks..
            Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
            Motion to Discharge: FILED!! 08/07/13
            60 down/0 to go \m/(*.*)\m/ 100% complete!

            Comment


              #7
              I still think you should have atlest 30 days!!!
              Filed Chapter 13 05/23/08
              Converted to Chapter 7 Jan 2012
              Discharged April 2012

              Comment


                #8
                My lease is one typed page. In there it doesn't state her having to give me any notice or vice versa, as long as it falls at the end of the month, because the lease is a month to month thing... I was not planning to stay for very long, but things got complicated and I liked the rent ($575 for a 2 bdrm).
                Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
                Motion to Discharge: FILED!! 08/07/13
                60 down/0 to go \m/(*.*)\m/ 100% complete!

                Comment


                  #9
                  You're in a 36-month Plan, so that means you were below the Median Income. Your expenses actually come from Schedule J.

                  Generally, you can't just arbitrarily go out and get a place to live that's $300 more than what you pay now. As a matter of fact, what you're "allowed" to pay is based on the National Standards.

                  You need to talk to your attorney and carefully consider, if you're expense will be above the National Standards, how that will impact you. Some Trustees are very particular about the National Standards... and won't let you exceed them (at least on your B22C State of Current Monthly Income...) on paper.

                  In any event, you will more than likely need to file new Schedule I/J and a new B22C. If you are currently living below the National Standards, as adjusted for your area/MSA, you could actually cover this in a new Plan and filing of Schedules.
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog

                  Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                  Comment


                    #10
                    Originally posted by justbroke View Post
                    You're in a 36-month Plan, so that means you were below the Median Income. Your expenses actually come from Schedule J.

                    Generally, you can't just arbitrarily go out and get a place to live that's $300 more than what you pay now. As a matter of fact, what you're "allowed" to pay is based on the National Standards.

                    You need to talk to your attorney and carefully consider, if you're expense will be above the National Standards, how that will impact you. Some Trustees are very particular about the National Standards... and won't let you exceed them (at least on your B22C State of Current Monthly Income...) on paper.

                    In any event, you will more than likely need to file new Schedule I/J and a new B22C. If you are currently living below the National Standards, as adjusted for your area/MSA, you could actually cover this in a new Plan and filing of Schedules.
                    Thank you... My home is well below the normal cost of rent for my area, so this means?
                    Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
                    Motion to Discharge: FILED!! 08/07/13
                    60 down/0 to go \m/(*.*)\m/ 100% complete!

                    Comment


                      #11
                      I would check on your states renters code..30 days is standard and it doesnt have to be on the lease at all....If you stay longer it'll take them months to evict you and then you dont even have to pay them.. Its really in their best interest to be fair here..

                      Comment


                        #12
                        Originally posted by NowImDownInIt View Post
                        Thank you... My home is well below the normal cost of rent for my area, so this means?
                        Means that maybe you have some room between what you're paying now, and what the National Standards and/or the Trustee will allows (or won't complain about).
                        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                        Status: (Auto) Discharged and Closed! 5/10
                        Visit My BKForum Blog: justbroke's Blog

                        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                        Comment

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