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    I'm new here, I'm so scared...

    Hello, my name is Michelle...

    We filed ch 13 back in 2007, our trustee payments are 385 a month, we've made all of them. We had caught up on our mortgage w/Chase (1708) and made six months of addtl. payments of 486.00, two weeks before our last payment, which we made, 8/29/08 my husband got laid off. We didn't think much of it at the time as he had never been out of work. We didn't know what was happening. We went from almost a thousand a week, to 400. We didn't buy propane, we used a hot plate, firewood, and some electric heaters thru winter, we made partial payments to Chase, if you're in C13, they won't talk to you, so I'd send a payment with a note, I asked if we could get some help, there's no help for you. Long story short, we're about a little less then 7 months behind. My husband got a job 10/6, I immediately worked out a budget, it's not that much money but enough to make mortgage and all bills. I proposed that we could send them 2k a month, comes to 666.67 (should have known then) every week except around the 15th for bills, all extra weeks would be sent, I have two months mortgage now, but our BK lawyer said "don't send it!!" We got a letter less then a week after hubby started new job, that we were 13k in arrears that we had a stip to pay the 1735 (up starting 12/1) and another 2400 plus a month or that's it. I immediately went online to see if ch13 folks who were unemployed for so long, who got a job could get help. Obama help thing said to call your servicer. I did, they actually said for me to download docs and fax them. I did, including our new budget and pleaded. Lawyer signed stip, he said to buy time, but said that..." They never help people who are in ch13, they just take the paperwork because the government is watching. But they'll never help."

    "I" want to send them October and November, and I'll have Dec. on the 1st. My husband and lawyer said absolutely not, they'll just take the money and foreclose anyway.

    This is my home, I've lived here almost ten years. I just want to die. Is this true? I don't know what to do. I want to send them payments in good faith, we'll be less behind, but I'm afraid that Chase Fulfillment Center was talking to me for that very reason. And we had tried and tried to talk to them through this. We'd call Customer Service and they'd say we were in Bankruptcy and they couldn't talk to us, so we'd call Bankruptcy Dept. and they'd say they couldn't talk to us, talk to lawyers, and they'd literally hang up on us.

    Should I send in payments for good faith? Is this true that they aren't helping anyone in Bankruptcy, that they're just taking the paperwork because the government is watching?

    Please someone...help? Please tell me this isn't true, this is my home of nine years. This whole economic situation is so cruel to all. Please tell me if I should FedX the payments to them.

    Thank you all so much for your time, I know this is long. It's all I think about, we don't sleep, just a constant state of anxiety.
    sigpicChel
    ************

    Colorado

    #2
    Maybe I am not reading your post correctly but your husband got laid off in August 2008 and did not get employment until last month? When your husband lost his job did you contact your attorney to look into modifying your Chapter 13 due to the big drop in income? Or did you just continue on not paying your mortgage?

    I truly understand that you want to keep your house but you truly need to determine if you can actually afford to. If what I say above is true, a lot of this could have been prevented had you looked into a modification or change to a Chapter 7 after your hubby lost his job. At this point I don't know what else you could do since you are still in Chapter 13 which may get dismissed due to your nonpayment of the mortgage. You will need to work with your attorney and your bank and figure out if you can actually afford to keep the house at this point.

    I hiope things work out for you and 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


      #3
      That's right! It's taken a year for him to find a job. And he's the ONLY one I know of many people who have found a job around here. And yes, we talked to our attorney straight away. He never suggested to us to file Chp. 7, just said if we wanted to change anything it would cost us allot of money. And that we'd better make sure we made our Trustee payments. And I did ask him about changing to Chapter 7, he said it would cost us about 5k to do it.

      We called our servicer many times. We DID make many payments, there were months when we only made partial payments. They wouldn't talk to us when we called, period. So I sent notes in, and they cashed our checks, I'm sure if I had found this forum, wasn't in a total state of panic for this last year, I could do something else. I was so afraid they'd find out he didn't have a job. I suppose it's all my fault. Thanks for the help
      sigpicChel
      ************

      Colorado

      Comment


        #4
        Listen to your attorney on this one.

        Chase or any other servicer will take the money you have and still foreclose on your house. Now is the time to decide what is best for YOU and YOUR FAMILY. It may be best that you have to surrender your house in your Ch 13. It may feel like it is the end of the world, but it is really a new opportunity to get your finances straightened out. It does not mean that you will never be able to afford another home, it just means you get the chance to get on your feet in this bankrupcty. There is not enough information for us to suggest one way or the other...I am just saying keep an open mind when you are looking at your current situation.
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

        Comment


          #5
          It is not the end of the World, Chel. Search and read some of our discharges. Many of them were in the same if not worse situations. They all came out with a smile of relief. You will too. My opinion is that your lawyer should be changed, and you need to bail out of 13 and hit 7 ASAP. If you get the Nolo bood on C7, it explains a bit about transferring to a 7 from 13. It is about $17 pdf download and well worth the investment. Nolopress.com

          If you read the book, you will see from what you have posted, that you would easily be a candidate. Your lawyer you have seems excessively expensive. My 7 cost us about $1700 including the filing fees. We are in FL. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment

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