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So many Chapter 13 questions...complicated

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    So many Chapter 13 questions...complicated

    Let me apologize for having so many questions.

    My wife and I are filing Chapter 13 bankruptcy. We have already retained our lawyer and began paying him. We met with him for a couple of hours last week but we still have a few things we are unclear about and sort of having doubts if we understood him correctly or if he is clear on the situation.

    First of all, my wife could file Chapter 7, but I can't because I filed Chapter 7 only a couple of years ago. Our attorney said that not enough time has passed for me to get my debts discharged and I would have to sign acknowledging that, but that when enough time passes I can drop this 13 and do another one with the debts being discharged. And that my wife's could be "flipped to a Chapter 7." This has us very confused.

    Also, this is the same attorney who handled a property settlement for my wife a few years ago. She was awarded half of her exhusband's 401K and IRA, but there were so many other issues, the atty. never pursued that. Now she is worried about those funds, but the atty. assures her that retirements cannot be touched in the bankruptcy and he apologized for putting it off so long and said he will get that money for her right away. From my online research on this and other sites, it looks to me like the money is safe as long as it remains in a retirement account, but if and when the attorney gets her half out for her, that she would then lose it to the trustee. But our atty. insists it will be safe and that she can use it to pay him for the rest of the bankruptcy, to pay our accountant an outstanding debt we have with him and the state taxes from 2006 she owes. (We have no idea how much money she is getting, by the way.)

    Another question we have is the mortgage...which is the main reason we are filing, to save our home. We have 3 mortgages. Based on our 2007 appraisal our home is worth 99,000, but I understand that a current appraisal would probably be lower because of the market. Our total owed for all three mortgages is less than that appraisal (50K + 15K + 13K) so it would appear we have equity in it. I understand we have exemptions, but my question is can we really have the second and third mortgages "stripped?" From what I've read on this site our attorney is either not clear on our situation or told us wrong...since our first mortgage balance is considerably less than the appraised value. (By the way, we tried to sell for about a year, but there are just no buyers)

    Just to give you a broad picture. My net income is $2500/month. My wife gets $600 in child support. I pay $750 in child support. Our mortgages are $1050/month. Our car payment is $350. Our insurance is $300. We have no credit cards except for one I pay in lieu of alimony that was my exwife's with $1200 outstanding (I've paid two bigger ones off.) We have about $5,000 in unpaid medical bills. My wife owes $8,000 on her student loan (we know that one doesn't go away, but the atty. said she might get a hardship forgiveness since she can no longer work due to illness.) And another $400/month to finance companies. My wife owes $1500 to KY state taxes. We owe $1200 in 2008 delinquent property taxes. We owe $1200 to our acct. (but the atty. said we would pay the accountant outside of the repayment plan because his is an ongoing relationship/bill we have with him) We had no problem paying these bills until last year when my wife became ill and lost her job. (She has too few work credits to qualify for SSD because she worked as a school teacher and did not pay into SS for 5 of the past 10 years.) My wife also has a $20000 deficiency balance on a car that was repo'ed when she lost her job.

    I'm afraid our numbers just don't add up. If the 2nd and 3rd mortgages cannot be stripped and relatively few of our debts are unsecured...I don't think I have the income to support these pymts. I am having doubts about whether bankruptcy is going to help us really.

    I probably have other questions, but I am just a little overwhelmed by all of this. Thank you for your help.

    #2
    well first of all welcome aboard. I am sorry about your wife's illness. Now since you filed a chapter 7 just 2 years ago, you have to wait and your wife is filing the chapter 13 or the chapter 7? I don't see why she couldn't file a chapter 7 on her own. Oh right, the house. Do you think your house is worth 99,000?

    sometimes the best decision is to walk away and start fresh as in rent for a while until you get reorganized in your chapter 13 and adjust to your new less stressed lifestyle.

    If you really want to keep the house, then you should pay for an apparaisal and see what it is worth. Others who have done it can explain the procedure better but to do it, the first step is a real appraisal.

    Comment


      #3
      urgent repo question

      We went through with the Chapter 13, filed 2 weeks ago. I knew there was a danger of our only vehicle being repossessed so I immediately called the bank and gave them the case #, my attorney's name and number. They called the atty. and confirmed the filing. They said they would put a hold on the repo until the case showed up online.

      Well, 15 days later a repo man came to my house to get the vehicle. We put it in the repayment plan at 100% repayment over 5 years. Is it possible the bank didn't bother to contact the repo people just to further hassle us and/or add more fees to our debt to them? The repo man told me confidentially that the police are even looking for the vehicle and that the bank is dirty and will take it anyway. (Luckily, I knew the repo guy personally and he took the case # and didn't take the vehicle.) But I thought once I had that case # the vehicle was safe. He said if the repo people took it, I wouldn't get it back. I'm thinking he is new at this and just doesn't know.

      Meanwhile, we are worried that our vehicle will be taken in the middle of the night. What can we do? It's Saturday and my atty.'s home number is of course unlisted.

      Comment


        #4
        I believe once you file an automatic stay is in effect. They cant touch the vehicle. I know its kind of a pain but do you have a garage that u can park it in until u get in touch with your attorney ??? I would seriously hide it somewhere until then..
        Good luck with your Chapter 13. I file 4 wks ago and my 341 is a week from Monday Dec 7th. Anxious and excited to get this over with ... 59 pmts and counting
        Those who live in glass houses should not throw stones
        Chapter 13 filed 10-21-09
        Discharged 4-13-15

        Comment


          #5
          vehicle too big for garage

          We don't have a garage and the only garage we have access to is too small for the truck. I did tape a copy of our bankruptcy filing papers from the trustee to the windows of the truck. Our creditors meeting is set for Jan.

          Comment


            #6
            by chance is the vehicle financed with a credit union or is it with an actual bank. Once filed, the car company cannot take the vehicle but you would have to pay the attorney more money to have him file the motions to get it back so you are luck the repo man didn't take it.

            So how are your payments working out? Did the attorney get right on rolling over the IRA your wife is owed? And what did you find out about the lien strip? (I don't think you would qualify for that based on the information originally posted)

            And did you file just to stave everyone off until you can refile a chapter 13? Just curious how that will work for you.

            Comment


              #7
              Well if you're really worried about it you could sleep in the car this weekend. (Just kidding). You should be protected by the automatic stay. The problem is of course the hassle of getting it back if it does get snagged.

              How likely is it that the bank would have more than one repo company looking for the same vehicle? I'm not that familiar with the industry but I would assume that they would assign it to one company at a time.

              Probably too late for today but maybe you could find a storage place where you can park it inside. Might cost you a month or so rental, but that's got to be cheaper (and less hassle) than trying to get it back after it's snagged.
              Case Closed > 2/08/2010

              Comment


                #8
                Originally posted by rrockinggramma View Post
                by chance is the vehicle financed with a credit union or is it with an actual bank. Once filed, the car company cannot take the vehicle but you would have to pay the attorney more money to have him file the motions to get it back so you are luck the repo man didn't take it.

                So how are your payments working out? Did the attorney get right on rolling over the IRA your wife is owed? And what did you find out about the lien strip? (I don't think you would qualify for that based on the information originally posted)

                And did you file just to stave everyone off until you can refile a chapter 13? Just curious how that will work for you.
                It is actually an auto manufacturer finance company. Our payments will be about $400/month...the atty. still says my wife will get to keep the retirement funds (but he also says we will get to keep any future tax refunds, which is not in agreement with most that I've read here so I don't know) but her ex is fighting her on that anyway so we're not sure she will even get it (even though it was awarded her in the divorce years ago) The atty. also says the 2nd and 3rd mortgages will be stripped because the first mtg. debt owed exceeds the value of the home.

                We had to file a 13 because I filed a Chapter 7 a couple of years ago. My wife could have filed a 7, but the atty. says we can flip it later when I qualify again for a 7.

                Comment


                  #9
                  Originally posted by BobMango View Post
                  Well if you're really worried about it you could sleep in the car this weekend. (Just kidding). You should be protected by the automatic stay. The problem is of course the hassle of getting it back if it does get snagged.

                  How likely is it that the bank would have more than one repo company looking for the same vehicle? I'm not that familiar with the industry but I would assume that they would assign it to one company at a time.

                  Probably too late for today but maybe you could find a storage place where you can park it inside. Might cost you a month or so rental, but that's got to be cheaper (and less hassle) than trying to get it back after it's snagged.

                  I actually considered sleeping inside...We have had several different representatives from the same company coming to get it (and telling all our neighbors) for several weeks now. I'm pretty sure it's just the one company.

                  Our atty. told us that even if they took it mistakenly after we filed, that they would have to give it back. He didn't mention any cost. He acted like it would be their problem, but at this point it feels a lot like our problem.

                  Comment


                    #10
                    perhaps the case number hadn't filtered down through after your filing. So hopefully you won't have any more trouble. The finance company knows better then to push the judge because they will lose. LOL

                    You realize that you can't file a chapter 7 again for many years. Your chapter 13 might be over before you can file again but I hope that all works out for you.

                    Comment

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