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Chapter 13, Can't sleep... help

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    #16
    I figured the expenses from going back in my Quicken and looking at what we spent and the categories listed in our credit counseling course we had to take online to get the certificate. I know we will never sell ever because we built here next to family and our priority is to stay here. We have 15 years on each the installment loan and the line of credit, so after we are discharged in 5 years we will have around 5 years left to pay. We took the loans to finish. I am looking over the budget now and we are really frugal already but it just is scary the whole thing. Maybe the pre bk anxiety is hitting me harder than I expected, maybe once things get rolling I will feel better. I apologize to anyone that may think I am off my rocker or anything or need emotional help, I don't mean to come across that way. I am just really feeling better by talking with all of you. I have gotten so much useful information out of this board, thank you and thank you to all that have taken the time to talk to me. I feel like I have friends out there just like me in our same boat. We just have to make it work because we got here and need to get out. I just read that in 2009 personal bankruptcy was up 38% from 2008 and 1.4 million Americans filed. Wow. I just want to keep looking at things like this is a good thing, not feel bad, we get to keep our home, back taxes will be paid, we are protected from legal action against us all the way around and the 60k of unsecured is gone. If anything our credit rating will improve down the road and believe me, if we don't have the money we won't be buying it. I don't think I ever want to touch a credit card again or rely on them. We just pray hubby's work stays solid and I can get a part time job going. I want to again thank all of you for talking to me, you have really helped me.
    P.S. Once your plan is in place, can they change the monthly amount on you? I understand about income changes we would tell the attorney or other things that may come up we would tell them, but just as time goes on are there any surprises like that? Also, I really love reading about families that have had success with their 13's. Thanks.

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      #17
      Originally posted by mom901 View Post
      We have 15 years on each the installment loan and the line of credit, so after we are discharged in 5 years we will have around 5 years left to pay.
      How do you figure you'll only have 5 years left on the loans after you complete your Ch. 13 plan? if you owe 15 years on each loan (or even 15 years combined between the 2) - and 13 plan takes 5 years... .that still leaves 10 years, not 5. ?? Are you planning on doubling up payments to the mortgage company after your 13 plan is done?

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        #18
        The loans are both done in 2020. Does that come out right?

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          #19
          so in actuality you only have 10 years left on your notes, not 15 if both loans together are called in 2020 - then yes, you'll have 5 years left after your BK so long as both are paid as agreed. Are you stripping your 2nd?

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            #20
            We owned our home then took out an installment loan and a line of credit. He told me stripping couldn't be done. Why do you think that is?

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              #21
              Originally posted by mom901 View Post
              We owned our home then took out an installment loan and a line of credit. He told me stripping couldn't be done. Why do you think that is?
              As Flamingo stated in an earlier post - it sounds like you have a 1st and a 2nd mortgage (1st = installment loan, 2nd = line of credit) - which in turn, both total the 130K you owe. My guess is that you cannot strip off the line of credit (2nd) because your house is worth more than what you owe to the 1st (installment loan) as well as you have equity in the home.

              In order to strip a 2nd mortgage, the house must be valued less than what is owed to the 1st mortgage - and it doesnt sound like thats the case in your situation, so you will have to pay both mortgages in your plan or outside of your plan, depending on how you and your lawyer do it (arrears, etc).

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                #22
                Thank you Pandora, you help me so much That is the case in the value of the home so that must be why. In our district (PA) the lawyer said we have to include the secured loans and taxes, payments have to go through the trustee here. He said we are not allowed to have them outside of the plan. He said they are paid as agreed. What is arrears and do you think it affects us?

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                  #23
                  Originally posted by mom901 View Post
                  What is arrears and do you think it affects us?
                  Arrears are what happens if you fall behind on your mortgages - are you late in paying either of them? If not - then no worries; if so - then any arrears must be included in your plan as well, in addition to your regular mortgage payments.

                  Wow - even if you're current on the 1st and 2nd loans you must pay them in your plan? Ouch - that means extra $ for the trustee....

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                    #24
                    Hey folks,
                    I'm new to the group and like mom901 completely scared.

                    I'm a little confused about Pandora's advice to go over all the expenses. Under 13, aren't we dictated the amount we can spend on housing, utilities, out-of-pocket health care, vehicle operation, vehicle ownership? Should we try for car registration under the additional categories and hope the trustee doesn't object? I see markers for things like child care but not school lunches.

                    Thanks everyone.

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                      #25
                      Mom901, I am also in PA, Eastern district. My mortgage is current and paid outside of our plan. Not sure which district you are in.

                      Bleakhouse, you can go above the IRS standards as long as you can support the expense.

                      filed 1/11/10
                      confirmed 7/22/10
                      Discharged 5/2015

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