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do you regret filing chapter 13?

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    do you regret filing chapter 13?

    Does anyone here wish they had not filed chapter 13?

    Our debt total (outside the mortgage) was 20K, mostly a car balance.
    We were in "pretty good shape" as the atty stated it.
    The attys stuff and the fact that they are making me pay one debt twice grrrr takes ours too 30K!
    That's a 10k increase from where we started.
    Also the want our 401 K payment to go to them later so again way more money being paid out in the chapetr 13 then before we filed?

    Chapter 13 was supposed to be "relief"?

    Also we have 2 ancient cars and our one newish car would have been paid off.
    The 401 would have been paid off.
    Now we are going to struggle for 82 months the papers say which will likely be an even higher payment for 60.

    I keep going back and forth wondering if we have made a huge 5 year mistake. Nothing I can do now of course. I have to ride this out.

    Do you regret filing?
    I heard Dave Ramsey say to never ask an atty if you should file.
    He said that they will always say YES.
    Last edited by witeout; 12-18-2009, 10:31 PM.

    #2
    All I can say is so far "NO" I am not sorry I filed. The main reason being that the credit cards will be paid off in 5 yrs . Had I not filed they would never be paid off in my lifetime and with the interest & late fees who knows what the balances would amount to.
    But I am lucky in the fact that I am not late on mortgage and facing forclosure. Those are the ones I feel bad for. I cant imagine having to deal with that. I dont want to wish my life away but I want this 5 yrs over and done and move on.

    Are you sure you are paying twice for the same thing. Creditors have to file claims for the amount owed. Who knows maybe they will file 1 claim when its all said and done. Or u can fight it if they file twice. Dont count your chickens before they hatch !!

    And there is no way you will pay for 82 mths. 60 is max. Look up the BK Laws or ask one of the BK moderators or BK guru's...Its just not possible..
    Those who live in glass houses should not throw stones
    Chapter 13 filed 10-21-09
    Discharged 4-13-15

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      #3
      Yes we have to pay twice at the costs of 4 K extra.
      ( I am still fighting but no one is listening)

      I have the original creditor Care Credit.
      Then Arrow bought they debt. They are both on my credit file.
      The atty only went by the credit file

      What irks me is we jut killed ourselves to pay off our sons 30K medical debt. It had been there for over a decade and we just wanted it gone.

      And yes our plan is showing 82 months and this came up at the 341 as a no no and has to be corrected. Guess what that means? An even bigger payment

      Again 13 was supposed to be a relief?

      I also dont get why some of my papers say 100% or 2% when our payments add up to more than 100%?

      The reason I care about the % is because one is a scam and I sure want to know what the scam artists are getting. The rest I dont care the %.

      Its just like people who file chapter 13 over identity theft, you know they are interested in the pay back % because they are paying someone else bill for shopping.

      Bottom line......13 has not been a relief for our case.

      Comment


        #4
        Personally, I think you are getting hosed. Your plan can not be longer than 60 months. Filing our 13 has been the best thing we have done so far. Just have a house payment, second mortgage, and trustee payment. No Christmas bills to have to worry about in January when evryone else starts whining about how they are going to pay there credit card payments. If your lawyer is saying 82 months, you need to find a different lawyer.

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          #5
          No - never regretted filing - the key is to have a good attorney who will see that you will be able to successfully complete your plan. If you have assets you want to keep and want to work hard to keep them, you will not regret filing Chapter 13. It is an eye opener if you are not used to budgeting and are used to using credit cards to live on but Chapter 13 is the best budget teacher ever and you will emerge basically not wanting to ever see a credit card again. If you can make that major lifestyle change that is needed to successfully make it through (I mean major cutbacks as to spending, little or no vacations, eating out all the time, no impulse spending, etc., etc.), you will be fine.
          _________________________________________
          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


            #6
            To the OP - there is no such thing as an 82 month Chapter 13 plan...you need to get your matter reviewed again by another attorney or have a face to face confrontatioin with your present attorney to get answers to your questions (i.e., debts listed twice, etc.). We cannot do that for you - if what you are stating is correct you need all that reviewed either in a face to face sit down with your attorney (make a big list of questions) or get it reviewed by another attorney.
            _________________________________________
            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


              #7
              No, never regretted it. We are almost done. Once discharged, will be debt free!
              sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

              Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

              Comment


                #8
                file an objection to the claim by arrow or the original creditor and state that it is the same debt. Make sure your attorney files this objection.

                Comment


                  #9
                  Originally posted by witeout View Post
                  Yes we have to pay twice at the costs of 4 K extra.
                  If your attorney isn't perform his duty to "police claims", then you need to inform him that it's his job to do so, and that you expect that duplicate claims are not paid. He needs to file Objections to those claims prior to confirmation (in most Districts). Stay on top of this.
                  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

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