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    I am new to this

    A brief look at my circumstance:
    I started going under about 3 years ago. My (ex) wife and I were in a house, and doing ok with both of our incomes, about 55k.
    She had Social Security disability income, which covered the mortgage payment.
    She got so bad that assisted living was needed. Man, do I remember those days of caring for her and trying to work full time. I did not do good at either task.
    Of course, when she went, she needed her income elsewhere. I did not make sufficient salary to keep going , so I stopped paying on everything except utilities and car loans.
    Eventually I began making more money. Today I could probably cover all expenses.
    My two main problems now is the back amount on the mortgage, and a hefty tax bill brought on by losing a dependent and seriously under withholding wages.

    I am strictly in ch 13 territory now, with only myself making over 55k.
    I am giving the house back, because I am over 25k behind. I have attempted a modification many times, but they always want another down payment which i do not have.
    I also am in to state and federal taxes about 8k.
    Other than that, I have 2 credit cards that my ex was supposed to pay out of half my 401k that she got, and a bank loan. These 3 items add up to 6k.
    There is also a 401k loan that will be paid off in December, a car loan of 215$ per month that will be done in November, and a truck loan of 120$ that has about 2 years left.

    I have consulted with a lawyer, and he anticipates a 3 year plan of about 400$ per month.

    This is the route I am pursuing, as I am 57 yrs old now.

    I welcome any comments and suggestions about other ways of reasoning. I am still pretty raw over the marriage dissolution, and other things. It is hard for me to make good decisions.

    Also, if I file this, and the payments on loans that will be paid in a few months are included in expenses, what happens to all that money I am paying out on them? Will my payment to the trustee be increased?













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    #2
    Hi and welcome. Sounds like you have already researched attorneys and have one? I would comment on the 2 vehicles, I guess I have to say that in your current situation (being that its been so long in your struggle) why would you keep paying on 2 vehicles when there is only 1 of you? With you not paying for housing and making the amount you make for party of 1, seems like maybe something else absorbing your paychecks?

    Surrendering the house to foreclosure is a good decision on your part considering how much you are in arrears. Have they started foreclosure proceeding yet? I am sorry to hear about your wife and you will get through it as it sounds like her plight is much worse off being in a facility because of health issues (so don't continue to be raw/bitter about what she got or didn't pay, its old news and time to move on).

    I would also suggest you make it a point to do some research here on these forums to fully understand your decisions and where you go from here. You need to understand that filing bankruptcy is a lifestyle change and mental adjustment as to how you think about finances and not a temporary fix to a money problem. If you are not willing to make those kind of changes then this bankruptcy will not help you in the long run. You do what you need to do to turn it all around and do it better this time. Good Luck!

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      #3
      Hi yes sorry for your wife. Health issues suck as I know all too well. Financial issues suck too! I think it's wise to tackle all this now! It will put you in a better position as you get older.

      Get rid of one car now. Move out while your credit still good. Consider yourself lucky you only in for 3 years! And yes, they may take those payments when they come available, maybe but ???good luck!
      Discharge date: October 2017 (will it ever get here?)

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        #4
        If they do take the payments, I guess that means its sooner until I get out.
        My extra coin has gone to fuel a gambling addiction.
        I know how lame that sounds, but I have been in treatment for it.
        It is actually a mental illness. I am coping with it right now, and have been able to stay away from it.
        My mortgage lender is Chase,, and I have been trying to do a remodification. This process has been restarted at least 6 times now.
        I had it approved once, and even sent a check, which they promptly returned!
        It's been such a roller coaster.

        Comment


          #5
          Um no, it wont get you out sooner unless you are i 100% payback. Yeah, better get to the sourse of your issue/ gambling. Sounds like u on the right track.
          Discharge date: October 2017 (will it ever get here?)

          Comment


            #6
            The lawyer said something I had a chuckle over.
            He said the good news id that I don't have much debt (ha!), and I could be out of bk in 2 years.
            I guess that would have to be 100% payback?
            I just had my hr dept at work hold out both fed and state at the rate of single with 0 exemptions.
            That will lead to a large refund, which will pay it down a little faster.
            Does this sound right?

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              #7
              Not unless you are in 100 % payback. If you are not, they will prob take your refund and expect you to cont to make payments
              Discharge date: October 2017 (will it ever get here?)

              Comment


                #8
                So how did everything work out for you Sir?

                Comment

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