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    my story

    Gonna vent a bit and share my story. Probably for no reason but to get it off my chest. And convince myself that I'm finally doing the right thing.

    I always was in charge of the bills, and things started to slip. We had a couple of kids and things werent as easy as they always were. We always had ups and downs financially. I realize now that it was amazing I avoided bankruptcy before now. We were in good financial shape prior to buying our house 11 years ago. Got into some tax problems a few years after that and dealt with my wife getting layed off. She became self employed--that was up and down and let to initial tax debt. Got a 2nd mortgage (Big mistake #1) to pay off credit cars. We payed some off and slowly maxed them out. Took out a couple expense lines of credit to survive.

    We had one real good year about 4 years ago when I was doing a side business and made good money--payed down some cards--but ended up with another big tax bill. And spent way too much money when I should have been paying more off.

    My side business was seasonal, made money during holidays bled it during the year--struggled in the summer but caught up by the end of the year. I started with payday loans over 2 years ago and it was a nightmare. Had 6 loans locally, my Fridays were spent flipping them. I got out of most of them January 2010, but was back to relying on them early srping 2011. I was making good money through my normal job through commissions, but this just enabled me to survive with these loans. But eventually I took out more and didnt make as much money this past Christmas and the house of cards came tumbling. I had a ton of online loans as well. I stopped paying those by changing my bank account but that only provided temporary relief. No side business income, and slow at my regular job. So I started again with the online loans..and was falling (further) behind on the mortgage.

    I always was able to get out of these jams but never solve the core problem. I hid the extent of the troubles from my wife. I knew something was gonna give soon. It did when she found out the extent of the mortgage problem. So, I came clean on everything. It really was a relief--the most difficult thing ever--but really having everything out there with her and our families (borrowed to get the mortgage caught up) was a relief after a very difficult 2 weeks. In my head I was just biding my time--I figured she would leave. But I underestimated her..and she isnt going anywhere and is being way more supportive than I deserve.

    Met with the BK lawyer last week. We make too much for a 7. I knew that going in. I will be filing the 13 by myself and can include all my debt and joint debt. We arent underwater on our 1st mortgage so cant include the 2nd. Nearly everything else is just in my name, and since it will be a 100% plan, I can include our joint debts as well.

    I estimate that my payment may be about $1200 a month. That includes 1 car--We recently paid off our other car--and we will have to replace that in the next 2 years in all likelihood. That sounded like alot at first..but its less than our core debt - car+ 2nd mortgage + 2 personal loans. Plus it will take care of the taxes, the PDLs and various other debts I incurred that I havent even thought of being able to pay off.

    So, in 5 years we WILL come out of this stronger as a family - able to save for college educations, and with zero unsecured debt--and no more tax issues hanging over our head. We may even be able to have the 2nd paid off--as out attorney explained, we could put it in the bankruptcy--but at the same interest rate + fees we can pay it off cheaper on our own over 5 years.

    Thanks for the forum to vent. If anyone is in the same boat that I am in..know that it's such a relief to get everything in the open, and to see a solution where you dont have to deal with everything that comes along with being in such a deep hole. For me, being in a chapter 13 will be so much less stressful than the crap I put myself and my family though for over 2 years. Im sure I'll have frustrations along the road--but I can see a point in time in the next couple of months where I will feel a sense of freedom--even though I'll just be starting my Chapter 13.

    #2
    Thank you for your story and know you are among people who understand.

    Pam

    Comment


      #3
      It will take some time to get used to the constraints of a CH13... The five years will be over before you know it and like you said you will emerge a stronger person & family.. First thing I was able to do after filing was get a good night sleep!

      Comment


        #4
        Welcome to the forum. If I may ask how much is your home worth? ow much is your first mortgage? If you are completely underwater on your first - you could accomplish a lien strip of your second mortgage during your Chapter 13.
        ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
        Not an attorney - just an opinionated woman.

        Comment


          #5
          From where I stand the chapter 13 will be less restrictive than the past couple of years. I had no available credit and the pdls were eating up any cash I had.

          Our mortgage balance is about 135k . House is probably worth 150k. There will be an appraisal but I am sure it's not under water. Also I would have to drag my wife into the bankruptcy if we were able to accomplish a lien strip.

          Comment


            #6
            Hi Murph996, Its so hard to decide, but it sounds like you are ready. Good luck!
            Discharge date: October 2017 (will it ever get here?)

            Comment


              #7
              Im ready. Having a tough night. Listing the debts out is daunting. And I need 3 more pages than they gave me on the forms..all payday loans. Its taking all I have to include them. I know I have to. Question, is it possible that we set my initial payments lower anticipating that most of these wont make a claim? There's literally 11k in unlicensed lenders that likely wont make a claim--or that I would fight? Id hate to be locked into a higher payment than necessary. Granted, it would pay off earlier..but right now Im looking for the lowest payment I can get--which for me since its 100% plan will be my debts + attorney costs + fees divided by 60 months. If I can take the 11k off--that would translate to about $200 a month..and if some others dont respond--it would make a big difference. Do payments routinely get adjusted in 100% cases depending on the claims?

              Comment


                #8
                Your task is likely daunting, embarrassing and depressing. I feel your pain. Most of us on here do - whether it was credit cards, HELOCs or payday lenders.

                My thought (ask your lawyer because I am not one, though!):

                A good way to reduce what you pay to unsecured creditors is to increase your allowed expenses. Why not replace the car that you planned to replace in 2 years now - before you file? Also (as a side thought), would the $300-$400 monthly expense of a car payment put you into Chapter 7 territory?

                List EVERY creditor. Doing so only protects you!!!!

                From what I have read online, many of the payday loan folks NEVER bother filing a claim.

                I am sure more folks will be by to respond to you with more knowledge than I have - that is what I love about this place!!!

                Hang in there!!
                Last edited by ValleYum; 08-22-2012, 02:18 AM.
                ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                Not an attorney - just an opinionated woman.

                Comment


                  #9
                  Analyze your budget to get a true DMI - and let that determine your plan payment. Don't try to base your plan payment on what you think you need to pay.

                  Assess your net income. Are you currently holding out correctly on taxes? You don't want to have future year tax debts, so if that's a possibility adjust your withholding now. WIll make for a little less net pay, but avoid future debts.

                  Have you come up with a realistic budget for groceries, clothing, household items, monthly bills (insurance, utilities, etc.), medical out of pocket, education expenses, vehicle & home maintenance and so forth? If not work on that and be realistic. Eating ramen for 5 years on a shoe string grocery budget is not realistic. But neither is steak and seafood 7 nights a week. Find the middle point that is realistic and reasonable. Think the same way for your other necessary spending categories.

                  You want to be sure you can manage the ch. 13 payment, even if it means paying less than 100% to creditors. You form a good ch. 13 plan by forming a good budget. And if you have some time (meaning you're not facing foreclosure, repossession, etc.) then start living the budget now before you file, and hold off on filing for 2-3 months. (Stop paying all debts though.) In my opinion this will also help lead to a successful 13. You don't want to find out 3-4 months in that you can't live in the budget you're stuck with.

                  Good luck!
                  ~Staci
                  Not an attorney, and never played one on tv. My responses are based on my own experiences & personal opinions.)

                  Comment


                    #10
                    Maybe I'm not understanding something.

                    Based on my income my attorney says that I will only qualify for a 100% repayment plan. And we are well over the threshold for Chapter 7. Initial calculations of the payment on a 100% plan over 60 months would confirm that we could afford to pay 100%.

                    And my understanding is with a 100% plan, the payments will not be based on the means test. Basically its what is confirmed that you owe the creditors in the plan + fees divided by 60 months.

                    I could wait to file--but, Im ready to stop the harassment on the other stuff. The only thing holding me up right now is catching up on my 2nd..we dont want that to get paid through the plan.

                    Comment


                      #11
                      Why not get a second car now, you are going to need a car b4 the plan is up, ( It will eat up some of you DMI and you are allowed to have 2 car payments and maintance. If you wait and have to get one later you will have to ask permission from trustee and still have to keep paying same plan amount. Since you have to pay back in 13, I would not rush to do it. I would definately be sure you can not include the second. Wait a few months to file, The reason being, most 13 fail and get dismissed with payments missed due to not able to live on budget. Stop worrying about the harrassment and see if you can live on budget for a few months. Did you have more than one attorney visit to see if way to file 7 with your expenses? Welcome to forum.
                      chpt 7 ,5-2009

                      Comment


                        #12
                        Your income alone does not determine your plan payment. Your expenses play a part as well. Did you discuss your expenses/budget in detail with your attorney?

                        Normally the first attorney visit gives you an overview. The attorney can't make out a final plan from just that. Its up to you to make sure your budget and your family's needs are covered. Its probably a good idea to consult 2-3 attorneys, ask a lot of questions, before you commit and pay one.

                        Why wouldn't you want to pay your arrears on the 2nd thru the plan? Worst case scenario is it pays less to unsecured.

                        Your plan payment should be your DMI. Calculate your DMI by figuring your average monthly net income & your budget and seeing the difference. USe actual figures, not means test #s. That DMI x 60 (because you're over median income) is your plan payment. The trustee takes a % of all you pay in - between 5-10% depending on the district. Part of your attorney fee may come out of that. And then some things MUST be paid from it. Such as mortgage arrears, and in some districts secured (auto) loans. Anything left after what MUST be paid is split among unsecured creditors that file a claim. If there is not enough to pay them all, then whatever remains at the end of your plan gets discharged. If you have non-exempt assets, they set a minimum # that must be paid to unsecured. If you don't have non-exempt assets that you want to keep, then there is no minimum requirement to unsecured.

                        Its my opinion, and I'm not an attorney, but if you go into a ch. 13 letting an attorney base your plan payment only on your income (never considering your bills/expenses) and automatically setting it to a 100% plan - you could be in trouble. Now it may work out that your DMI is enough to fund a 100% plan. But if you have not yet gone over your budget with a fine toothed comb then you're skipping an important step. (Also assess your net pay to make sure its accurate. If you're set to have a tax deficiency you'll want to consider adjusting withholding now.)
                        ~Staci
                        Not an attorney, and never played one on tv. My responses are based on my own experiences & personal opinions.)

                        Comment


                          #13
                          I may not be explaining properly or thoroughly.

                          Based on the expenses and income, our attorney at this point feels that I will only qualify for a 100% plan. I meet with him Thrusday with the complete debt list, my budget and everything else. I do believe I underestimated my debts in the first meeting, but not by a drastic amount. I dont feel the 100% plan payment would not be manageable. All my expenses under the plan would be way less than I have been paying for the past year.

                          I understand the point about buying a car now, but dont think that is in the cards. My credit is shot, and I would have a high interest rate. And IF the attorney is correct about only qualifying for a 100% repayment plan, the interest rate would hold. I don't think another car payment would put me at the tipping point to qualify for less than 100% payoff. Since we just now got current on the 1st, my wife's credit will improve, and in 6 months - 1 year we would qualify for a better rate than we do today.

                          We dont want the 2nd mortgage in..with the 100% plan it would hold the interest rate + the trustee fees. I could pay that off in the same 5 years outside the plan for a lesser payment than if I included it in the plan.

                          Someone correct me here if I'm wrong. Let's assume that I only qualify for the 100% plan as the attorney first thought. If that is correct, then the payment is simply the debts + fees/60. Only if it is determined that with my DMI that I could not afford to pay the 100% would the plan be less than 100% payback and the payment would be calculated as DMI*60 and the unsecured creditors would get something less than 100%.

                          Thanks everyone for the advice

                          Comment


                            #14
                            Yes, if your true DMI allows it and you're confident of the budget used to reach your DMI then you would be in a 100% payback plan.

                            Here is why some are suggesting you get the 2nd car replaced now rather than 2 years from now:

                            Lets say you would have a 100% payback plan paying $1200 per month. In 2 years, you need to replace a car that is old & ailing. You have to get trustee approval, and even then finding a lender willing to work with you in an active 13 could be near impossible. You're stuck without reliable transportation.

                            OR you replace the car now. Maybe you do end up with a high APR, lets say a payment of $450/mo for 5 years on the car loan. Its a newer car, maybe more efficient, so your maintenance expenses on that vehicle would be a little less than your maintenance expense on the older car but insurance would be a little higher. Lets assume the increase in insurance is a wash with the decrease in maintenance/etc. So your plan payment now is $750/mo. ($1200 original, less $450 new car payment.) And you don't have to worry about replacing a car in 2 years. The only ones to lose out is your unsecured creditors. They're now getting less than 100% but at the end of 5 years they're done & gone and you have a paid for car. It doesn't matter that you paid more in interest to the car lender than you would have liked. Its either pay the car lender or pay the unsecured. Which way benefits you & your family? If you can get some sort of financing now, even at a bad rate, the $ is coming from your unsecureds and no one else. Just make sure its a reasonable vehicle, and probably keep the payment below the means test figure for an acceptable car loan payment.

                            If your situation is such that you 'qualify' for a 100% payback plan now, but have to adjust your plan payment in 2 years to take on another car payment, that would probably reduce you to less than 100% then. A plan should not be built around what % you think (or your attorney thinks) you should pay. The % should be a result of your DMI.

                            True, if you must keep paying the 2nd mortgage and can pay that 'outside the plan' then doing so would avoid paying trustee fees on that payment.
                            ~Staci
                            Not an attorney, and never played one on tv. My responses are based on my own experiences & personal opinions.)

                            Comment


                              #15
                              Not necessarily. Depends on your district/trustee. Most trustees realize that things may change, and the bankruptcy code states that you pay your DMI x 60 or until the plan is paid in full. Not all plans that start at 100% end up paying 100%. If the trustee allows you a lower payment now, and then in 6 months you take a 20% paycut - OOPs. If your DMI is roomy enough, you may be done sooner than 60 months barring unforeseen issues. And if you propose a high payback % you can probably get more leeway in your budget without the trustee fighting you. Padding an extra $50 here, $25 there - to lower your DMI on schedules I/J to make the payment where you want it.

                              Keep in mind also that even if your attorney is correct about qualifying for a 100% payback plan (based on your current income, expenses, debts) then that equation could change if you need to make budget changes. This is a key time to make sure you're in good shape for the next 5 years. Making changes while in the plan could be difficult. Do you have adequate insurance? Are your deductibles reasonable? Are you contributing to 401k? If not on the 401k, find out from your attorney if your district finds a certain % reasonable... Yes, making some changes in your budget could result in a lower DMI and less payback - but they could also prepare you so that you can have a successful plan and life after.

                              Originally posted by murph996 View Post

                              Someone correct me here if I'm wrong. Let's assume that I only qualify for the 100% plan as the attorney first thought. If that is correct, then the payment is simply the debts + fees/60. Only if it is determined that with my DMI that I could not afford to pay the 100% would the plan be less than 100% payback and the payment would be calculated as DMI*60 and the unsecured creditors would get something less than 100%.
                              ~Staci
                              Not an attorney, and never played one on tv. My responses are based on my own experiences & personal opinions.)

                              Comment

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