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Considering chapter 13

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    Considering chapter 13

    I have a house that I want to keep, It has three loans on it. Primary owes about 300k second and third loan amount to about 70 or 80k; the house is currently worth maybe $240k

    In addition to this I have two investment properties that i want to keep, one owes 65k and when I appraised it last year the appraisal came beck on that price range, the second owes about 28k and although zillow says is worth 45k due to the location I doubt it would appraise higher than 20k.

    With that said, I was unable to make payments on my credit cards etc, it has been over a year since I have paid anything with he exception of the Primary loan on my residence "have not paid second or third" I just learned that Penfed sold second and third loan to another company.

    I am also paying the loans on both investment properties and my car. I do have an appointment with a bankrupcy attorney scheduled but wanted to get some feedback here so that I can ask the right questions when I see the attorney.

    The reason that I thought chapter 13 was to strip the second and third loan on my main property. Personally I would prefer to file chapter 7...

    What would be the best case scenario for me? The house is upside down so if I filed 7 and did not re-affirm my loans on the main house; I understand that it would not be in the best interest of the second or third loan to foreclose because the house is upside down, what would happen if the market improves 5 to 10 years from now could they foreclose then?

    #2
    It would help a lot if we knew your income from all sources (including rents) for the last six months, if you have a spouse and children or dependent adults, which state you live in, and if you have other assets (cars, for example) that you want to keep in addition to the house.

    If you can provide this information as a start, we can help you sort things out better.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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