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Considering Chapter 13

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    Considering Chapter 13

    Hi all!

    Such a great forum here, with so much valuable information. Thank you for that. I've already read the first 17 pages of this one alone!

    Here's the basics --

    The bulk of our debt is in my name. My husband was at some point an authorized user on a few of my cards, but we began the process of separating our finances 2.5 years ago. The only joint accounts we have are our Costco card (which only is used when they charge our yearly membership to it), our mortgage, and our HELOC. None of the credit cards were ever joint. I just pulled both our Experian credit reports last night, and on the two "biggies" he shows as "not responsible". For me they are listed as "individual".

    We are not behind on anything, by the grace of God. But it's so disheartening to pay pay pay and not get anywhere, especially when I have these CC jokers raising rates "to maintain profitability" on my account.

    I would be putting the following into the Ch. 13:

    Chase - 19k
    Amex - 13k
    B of A - 1700
    Chase - 140 (assuming I don't pay this off first)
    Discover - 4200
    FNB - 5600

    I'm tired of this game. I want to be done with them all. So, we are looking at me filing Chapter 13, probably in about 3 months or so. My husband has some anxieties about it however, and I'm hoping you can help me calm his fears. (We will of course be seeing a lawyer at some point, but are in the early stages and have questions).

    1) Will my name being on the house, mortgage, and HELOC put any of those in jeopardy? The mortgage & HELOC will NOT be in the Ch. 13. I am willing to sign a quit claim deed (or whatever) to remove my name from the house, but I cannot be taken off the mortgage & HELOC without him refi-ing in his name only. Which is something he is considering.

    2) My husband is self-employed (sole proprietor). I am an authorized signer on his business bank account. He worries that they will "come after" his business account when I file Ch. 13. I told him that was quite unlikely, being that it's *his* business account, plus I don't think they do that in a 13 - do they?

    3) He is also concerned that, after all is said and done, creditors will "come after" HIM in an attempt to collect whatever they weren't paid. I told him that from my understanding, when a Ch. 13 is done & discharged, that's it. They CAN'T get anything more. Correct?

    I'm sure he's got more questions, but I thought I'd toss these out there. Thank you all.
    Last edited by NewPage; 03-03-2009, 11:23 PM.
    Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
    "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."

    #2
    Forgot to add:

    We live in Oregon.

    We have ZERO interest in a Chapter 7. We do not want that at all.

    Looking at the Means Test calculator (which is very confusing!!) it seems like we fall under the median stuff, indicating we have no disposable income. But surely we would, somehow, if we are making these exorbitant payments now!

    And another --

    If I qualify for a Chapter 7, do I HAVE to file it, or can I do a Ch. 13?
    Last edited by NewPage; 03-04-2009, 12:16 AM.
    Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
    "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."

    Comment


      #3
      First, you cannot decide what debt does or does not get included in your filing and if you try to move around titles to deeds and mortgage prior to filing, it can create big issues and problems. You also do not list the amount of your mortgages and your house value and and the value of all your assets and any other debts you have or monthly payments. It's difficult for anyone to make a judgment call as to what you can or cannot do.

      Since you have joint debt and you are tied into his business account and with the possibility you will have to file jointly, I highly suggest you make a few appointments for consultations with a BK lawyer to get a firm grasp on where you now stand and what you can do in your state. Many give free initial consultations so call and get an appointment. Put together a listing of all your debts, monthly payments, sources of income, paystubs, listing of assets and your most recent federal and state tax returns. Also list which debt is joint and on which accounts either of you are authorized users and also your link to his business account. Do not attempt to change your deed, mortgage or any other paperwork until you get some legal advice.

      Best of luck to you!
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

      Comment


        #4
        House assessed value $113,030

        He thinks in its current state (needs new windows etc) it would appraise (he is an appraiser) for about $100k.

        Current mortgage balance is $54k
        HELOC balance is $17,500

        Why would those have to go into a Ch. 13? Wouldn't I just reaffirm for those or something?

        Assets? We have a 2003 Toyota Tacoma and a 2007 Honda Odyssey. Both of these were financed in his name only. We are making payments on the Honda. We don't own any other homes or property or snowmobiles or boats or things of that nature. The only jewelry I have are my engagement and wedding rings. Our TV is a flat screen but not a flat panel and is a few years old.

        I work part-time, making about $450/month. In a good month. He is self-employed and his income varies. I ran a 6 month thing last night and our income combined came out to $5100. I have $20/paycheck taken out for a Flexible Spending Account through my employer. Our collective bills (without my credit card payments included) total about $4800 each month.

        We have no joint debt at this time outside of the house. My credit cards have not been used forever, with the exception of the B of A card for dental insurance and my Discover a couple times when I needed to pay for a small purchase and my debit card wasn't in my wallet.
        Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
        "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."

        Comment

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