Not looking for pitty just super frustrated!!!

[jcsawyer]

Thanks to Bank of scamming america I have to surrender my car! I am so super upset about this as it leaves me with no transportation and I have doctors appointments twice or more a month. Plus my kids have to get to and from school (yes I know there are buses but those have been deemed unsafe and I wont have my kids bullied on the buses)

If I had bought my car 7 months before i did they could take the market value on it and that would save us as far as being able to make the payments to the trustee. On a brighter note they were able to get our 2nd mortgage striped!

[justbroke]

Why do you "have" to surrender your car in a Chapter 13? I don't understand, but I'm sorry that it leaves your without a car. This just read "normal" since a car is usually "necessary" for the reorganization of the debtor! Especially if they work!

Are you saying that it's not a so-called "910-vehicle", and that you can't afford the payment even if it's re-ammortized over 60-months in the Chapter 13 (at a reduced interest rate)? I would have hoped that your attorney explained to you that you can keep things only if you can actually afford them. It reads as though you're in a very tight Chapter 13 with very little (or no) DMI.

[pamkev]

I'm wondering the same thing justbroke how are they suppose to make payments if they have no car to go to work

[jcsawyer]

Well when I had my meeting with him he told me we could then all the sudden we cant because we owe too much in arrearage on our mortgage to be able to afford our payment to the trustee each month.

we would not have enough income to be able to pay since i am on unemployment. so by giving up my car (which is essential for my kids and my health) we would drop our payments to the trustee by almost $700 since my car is still at 13k owed. So yes highly upset with this whole ordeal I had no clue when I started id have to give up my transportation and was told that we wouldnt have to at the consultation after all has been said and done its either my house or my car because BOA cant figure out how much we owe in back pay to them. One day its $21k two days later its $25k they cannot make up their minds!!! I have proof of this as I just got the letters in the mail! Ugh ............

[pamkev]

I sense your frustration and I'm so sorry that you are going though difficult time. Hugs

[justbroke]

Are you in a 36-month plan or a 60-month plan? If you're in the former, a 36-month plan, ask our attorney about extending it to upwards of 60-months so that you can keep the car.

Yes, a Chapter 13 does not mean that you "can" keep all your assets. It just means that if you have the resources -- income -- you can keep all your assets. A Chapter 13 requires money to fund the plan and if you don't have enough income to fund the plan, then you need to surrender property in order to make the plan viable.

If BofA keeps changing their "claim", then why doesn't your attorney object to the claim? Please keep in mind that you may have owed $XXX prior to filing, but as soon as you file, bankruptcy fees and some other fees are "allowable" and will be added to your arrears. I want to say that my arrears that were not related to payments, was over $2,000.

[despritfreya]

1. It is not the bank’s fault that you lost your job and could not make the mortgage payments. Nor is it the bank’s fault that you purchased the vehicle just under 2 years ago and are not beyond the 910 day requirement for a cram down.

2. The initial consultation with an attny is just that. . . an initial consultation. It is a general meeting to get the feel for the case. There is no way on this planet that an attny can know EXACTLY what your Plan will look like in a 30 to 45 minute meeting. It is only after you fill out worksheets and work through ALL of the issues that one can have a true picture of your financial situation.

3. Having said the above you mention one key factor. . . you are unemployed. I assume you are actively seeking employment. I further assume (maybe incorrectly) that within the next year you will be employed and will be able to fund a Plan that INCLUDES the vehicle. Why don't you go back to your attny and ask him to put you on a graduated payment Plan. Keep the payments at a level you know you can afford right now for months 1 through 12. Then bump them up in month 13 for the balance of the Plan to properly fund it WITH the vehicle you need. If, in a year, you cannot afford the payments you can think about modifying the Plan to dump the vehicle.

Des.

[justbroke]

A graduated payment plan... even better Des! I ended up doing the same, but it was do deal with a rental property that was unoccupied, which I later surrendered anyhow.

[jcsawyer]

That is an EXCELLENT idea! I wasnt meaning to say it was the banks fault or anything of the sort as i am much at fault because of medical debt and surgeries coming out the yang (ive had 40). i will call in the morning to see if he will do that. My daughter came up to me a few minutss ago and told me not to worry about her birthday because she knows we are cash strapped. That broke my heart as she will be 10 in less than a month. Yes i am actively looking for employment and have for the past year. Im so appreciative for the advice lets just hope the atty goes for it! Crossing fingers!!!

[despritfreya]

My daughter came up to me a few minutss ago and told me not to worry about her birthday because she knows we are cash strapped. That broke my heart. . .

No. That should not "break your heart". It should make you very proud. You are raising an intelligent child, who, at such a tender and young age, understands what is going on and is supportive of her parents. One can only hope that such an ability to empathize will remain over the course of her entire lifetime.

Des.

[jcsawyer]

Yea pamkev that is my exact thought! How in the world are we to get employment with no car it just doesnt happen that way.
I am hoping that i will be getting disability soon which would be more than my unemployment so that would allow me to keep my car.
Im already a coupon queen ( not like on tv lol thats just a new episode of horders waiting to happen!)

[jcsawyer]

Yes des it makes me proud and ashamed at the same time. It makes me want to save up just to get her a tv. I may just do that as my neighbor wants her house painted on the inside. Tell her payment could be a small tv for my daughter.

[AbbeyA]

Yes des it makes me proud and ashamed at the same time. It makes me want to save up just to get her a tv. I may just do that as my neighbor wants her house painted on the inside. Tell her payment could be a small tv for my daughter.

Have you checked out a Goodwill or resale store? The Goodwill by us sells TV's for about $3.99 They aren't flat screen TVs, but maybe you could get her one for her birthday and I would guess she will be totally excited about it! : )