Filed Ch 13 Pro Se

[BankruptinNC]

Hi all,

My husband and I just filed Ch. 13 Pro Se on 1/8/09. I know this is going to be a long and difficult process, but we really had no choice if we were going to save our house. We just didn't have the money to pay the attorney fees that were being asked of us upfront. So, we went out on a limb and used an online bankruptcy prep service (Bridgeport Bankruptcy -- mistake #1). Luckily, I read over all the forms before filing them (instead of just signing & submitting them like the website said) and caught most of their errors, but I have seen a couple of schedules that I will need to amend, & I will also have to add a couple of creditors. I've been doing alot of research online, and this forum has been a HUGE help!!!! I know I will have lots of questions, so please be patient with me. I am currently trying to figure out cramming down auto loan, pre-confirmation adequate protection pymts, & post-confirmation pymts. So, if anyone has any suggestions, I will be HAPPY to hear them. We have 2 cars. The first is a 2005 Chev Cavalier (purchased 11/2004) w/ monthly pymt of $370. NADA value is 6180 -- current payoff ~11000. I know this one is eligible for cram down. Second auto is 2003 Chev Trailblazer (just purchased 11/2008) at $14000 -- horrible interest rate of 21.50% -- biweekly pymts of $188 (~405/mth). I know I was suckered, but had horrible credit. Anyways, I know I can't cram down the value of the trailblazer, but do I have to pay the secured amount at the 21.5% interest rate during the bankruptcy, or is the interest rate decreased?? Any suggetions on pre- & post-confirmation pymts??? My husband & I had 2 consultations w/ 2 different lawyers, and they both suggested paying car pymts in the plan (which my husband and I also want to do just so everything will be taken care of). Thanks in advance for your suggestions.

[wealth2009]

Pro Se

Hello, I just finished reading your post and realized you too did not have such a great experience with the "bankruptcy petition preparer." I, too, have filed my chp 13 pro se, however, I also used a "bankruptcy petition preparer" service online, which to say the least should be reported to the BPP Association/Board. Their work was "unprofessional and incompetent." But, I filed the papers anyway, after doing some cleaning up of my own.

I noticed you indicated in your post there were two attorney's who encouraged you to file your vehicles in the chp 13 plan? I am not an attorney to say the least, but I unfortunately have filed chp 7 and/or 13 at least 8 times in the last 20 years. So, I do have some degree of knowledge. I am embarrassed to say this, but I hope now that I have learned my lessons I can come along side others like yourself and offer "free" advice/support."

What I have experienced when filing a vehicle(s) in the plan is you will incur higher "plan" payments, the trustee will receive more $$$ over the life of the plan and once in you can never get those vehicle payments out. Unless, your plan is dismissed or discharged. The advantage to all this is your payments may be lowered, but not the interest rate, as long as you continue to make your plan payments you're protected from further chance of "repo" and you will likely pay back the "secured" portion of the collateral, not the unsecured portion.

Have you filed your petition? When is your 341 meeting? What is your disposable income? What were the # for your "means test?" Have you filed a 7/13 prior? Did I understand you to say there was some property involved? If so, are you in the arrears on your mortgage?
[Removed Solicitation]

[Flamingo]

I do have to give you credit for taking on a Chapter 13 pro se!! I am a paralegal (not in the BK sector) and after going through a Chapter 13 which included everything possible that could happen, happening, I would highly suggest one obtain an attorney to sucessfully get through. Since you already filed, you will have to ensure you stay on top of things, research, research and research and hopefully you have a LOT of spare time...

My best to you and good luck!

[wealth2009]

Pro Se

Thanks!