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    Help with chapter 13

    I am new to this forum so please forgive me if I post this in the wrong place. I filed Chapter 13 on 5-13-08 in attempt to save our home going through foreclosure. We reached out first to the lenders who refused to assist with modification. We were working on one income since I lost my job.

    Now after making a little over $27k payments to the trustee, we are struggling to keep the payments of $4500/month. My husband hours have been cut considerably. I only the other hand is working purely on commission that is a hit and miss. I have actively search for jobs but is getting no results. We barely are able to keep food to feed ourselves and the kids with his income. My son stopped college when we filed BK so that he can get a full time job to help keep us afloat. His job is now getting ready to lay off people and his hours have been cut as well.

    With all said and done, we are afraid that a dismissal is around the corner. We are already late on our Trustee payment for January. I made attempts to call our lawyer to advise of our financial situation but are not getting a call back. Is there anyone here who can make a suggestion on how we can best handle this. We are really afraid to lose our home. We have two other young children and nowhere to go if we lose our house. Please give us a little "light at the end of the tunnel". We are in California.

    #2
    At this point you might qualify for a Chapter 7, and hopefully that would free up enough income to continue paying on your house.

    If you end up having to let the house go, dont feel bad, there are hundreds of thousands of people just like you.

    You can easily go rent a nice apartment or rent a nice house, and after your BK is two years old, and if you do a deed in lieu of foreclosure.

    You will be able to qualify for a FHA loan and purchase a new house, regardless of your bad credit. FHA does not use credit scores, and you can have BK's and foreclosures on your history and yet, you will still qualify.

    Did you hire a attorney? You need to contact him as soon as possible to discuss one of several options available to you. Your case might be modified to a Ch.7, or your plan payments might be reduced, or you might be able to not make payments for a couple months until you get things worked out.

    Comment


      #3
      optimistic1, would we qualify for an FHA loan now while on bankruptcy?

      Comment


        #4
        Thats difficult to say, and the easy answer is no. FHA required that you are atleast 2 years away from a discharge.

        However, if you are need of help, trying to stay in your home, and you have a bad mortgage loan. Then you need to first get your attorneys advice, and then notify the trustee of what you are trying to do.

        Comment


          #5
          thanks for your insights optimistic1

          Comment


            #6
            As optimistic wrote, you need to talk to your lawyer and tell him the payments are working. The lawyer should reassess your situation and help you determine what your next step is.

            How much are you paying to unsecured creditors? You may be able to modify your plan to meet your current situation, or convert to a Chapter 7.
            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


              #7
              justbroke, most of what's included in my chapter 13 are secured debt i'm not sure about unsecured.

              Comment

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