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We are filing Ch 13 - What would anyone do differently now looking back?

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    We are filing Ch 13 - What would anyone do differently now looking back?

    Hi,

    We are in the process of filing Ch 13. I was wondering what any of you would do differently now that you have been through it. Our lawyer says we will more than likely be 100% payback.

    Thanks for any "words of wisdom" any of you may have.

    #2
    Don't know all of your particulars but I would do it again in a heartbeat.

    What would I do differently? For right now, nothing, it seems I have a good lawyer, good plan, I'm at peace and I'm not struggling. I actually have more money left over now even after making payments to the trustee than I did previously (but that is the point of a good BK plan).

    I'll tell you, make sure you get a damned good lawyer for starters!
    CH13 - filed 30 JUL 09, $1521 @ 60 mos (100% payback)
    Done!!! - 01 Jul 2014 I'm free!! Discharged 9/23/14!

    Comment


      #3
      make sure your cars are good to go for the length of the plan and make sure MAJOR repairs such as roof and basement leaks etc are fixed before you file.

      Filing was the best thing I ever did. I got peace of mind and a new lease on life. I learned how to budget and live within my means. Can't ask for more.

      Comment


        #4
        As others have said filing Ch 13 is probably the best thing I've done in a while, financially. I am in the same situation as zeezee. I have a great lawyer and seem to have more money left over each month after filing than I did before filing. My trustee seems to be one of the more laid back ones. I think having a great lawyer is key to having a successful Ch 13.
        Filed CH 13 4/21/08
        Discharged 5/29/13

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          #5
          The ONLY thing I would have done differently - stayed in my house longer! We chose to surrender our home and, based on my fear of being thrown out unexpectedly, we quickly found a place to rent. We love our new place and it's exactly what we want, but we could have found something similar 6, 8, 12 months down the road.... AND saved $10K, $15K, $20K along the process.

          If you are surrendering, I would say take your time before moving out of the "rent free" home you're leaving behind...

          Other than that, this was the smartest financial/business decision I've made in the past 8 years. No more worries, no pit in my stomach as bills are coming in, an actual budget that we are following, and living on a CASH basis.... Very peaceful. Well, at least more peaceful than the rat race we were in before filing ;)

          Comment


            #6
            have a good attorney

            I was going to file "pro se" but after reading the posts-I chose to go with Chapter 13-(I'm over the median). The attorney at first seemed very nice-then when I met with him to review my plan-he kept flipping through the schedules-and when I told him, Idon't make that income--I'm paid bi-weekly-he was very nasty to me-and stated "do you want me to explain this?? you can take your stuff & leave--I was in shock. I couldn't ask any questions-period-if I did he got on the defensive-horrible. I paid him the filing fee up front and I asked him when can we file? He gruffly stated "I'm not doing nuthing without a final credit report!!!! (I didn't know I had to have one). I've done all the work, filled out all the forms, etc. geez. I thought you were allowed to ask questions--its your plan for 60 months? I am being penalized for being over the median. I asked him should I quit my job, give up my house then come see you? I thnk I should just wing it myself-and I don't know if I can get my $300 back. he was a real--mean person. so it is important to feel comfortable with your attorney, para legal and your plan. Remebe rits your plan for 60 months-they are gone after you commit to that PLAN.

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              #7
              I would interview more attorney's, you deserve better treatment!
              Filed August 09, all payments made as of July 12th, 2013.....Waiting on final audit and discharge!

              Comment


                #8
                My atty is an ahole as well. He never went over anything just sent it to me. Now that all is filed and confirmed he won't return my calls. I guess I am on my own. Best of Luck to you.

                Comment


                  #9
                  make sure that you vehicles will make it the length of your plan. I went in with older vehicles 6yrs and 4 yrs old
                  Never made it through and had to resort to clunkers
                  60 Month "Old Law"
                  Filed 10/4/2004
                  Confirmed 1/2005
                  Discharged 9/8/2009

                  Comment


                    #10
                    Agree...make sure your cars are relatively new and in excellent condition. We just started our CH13 with high mileage, older cars and I am constantly worried about them breaking down (one had to have a transmission repaired already...luckily it was under warranty from a previous re-build).

                    I went with the first lawyer I saw...we liked him. However, I feel like we were persuaded to go with a ch13 vs a ch7 (to which we qualified for). So...I'd highly recommend seeing more than one even if you like the first one. On a positive note about him, he (and/or his staff) do return my calls and emails even now so it's not all that bad.
                    CH13 filed 5/21/09; 341 6/17/09; confirmed 7/14/09]
                    Discharged: 7/25/12

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                      #11
                      I regret we didn't file sooner. We tried one of the debt relief companies and paid money for nothing in return. It only delayed us filing for roughly 9 months.

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                        #12
                        I agree about the cars--even after you put the payment on your plan--once they are paid off the MONEY you were paying for the cars goes toward the plan....?? Is this correct? So if your paying $500 a month outside of the plan for the cars--now the monthly plan you were paying say ($300) is now $800?? Am I correct?

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                          #13
                          We have a new 2009 Jeep with just about 5000 miles on it - so hopefully it will last. We also have a couple of "beaters" that my husband uses (he's semi-retired so doesn't need to drive daily).

                          Comment


                            #14
                            -cant you just figure repair bills into the budget?
                            Discharged- pro se- chapter 7~!

                            Comment


                              #15
                              Originally posted by anykey View Post
                              -cant you just figure repair bills into the budget?
                              Actually, my plan includes $350 a month for contingent expenses. Should any repairs be required this where that money will come from for me.
                              CH13 - filed 30 JUL 09, $1521 @ 60 mos (100% payback)
                              Done!!! - 01 Jul 2014 I'm free!! Discharged 9/23/14!

                              Comment

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