I will be filing on September 5th...

[drivermom]

Anything I should know? I have figured out my budget after I file. Any helpful advice?

[Jman30]

Hi Drivermom,

I could give advice all day, but the topic is pretty wide open.

Anything specific you want to know??

[SinkingFast]

Are you filing Pro Se or using an attny??

Anything specific you want to discuss or ask??

[drivermom]

I have an atty, I guess I don't have anything specific to ask. I am basically filing to save my house. I really don't have much cc debt(about $1000) but I have some other debt to clean up. I had a car accident and totaled my car and I am filing on the balance of that loan ( after insurance paid what they did) I also have some bad checks in collection and I am filing on those. Also an old cell phone bill. I'm just alittle nervous.

I did think of a question, while you are paying the trustee, if you lose your job, can you just keep making payments if you get another job? Can you sell your house while in ch.13 bankruptcy if you find you can't make it? I should be fine. I have a good job of 18 years and I do want to keep my house, but theorectially.

[drivermom]

I have am atty. I am also filing close to the sheriff's sale. I am basically filing to keep my house.

The only question I can think of is, if you lose your job or find for some reason you can't make it, can you sell your hopuse while in Ch.13 bk? Also, if you lose your job while in bk, can you still just keep making payments if you get another job?

I don't plan on losing my job but you never know what may happen.

[drivermom]

I have atty. I'm basically filing so I can keep my house. I'm just nervous.

The only question I can think of is job loss. Can you keep making payments if you lose your job? Can you sell your house while in Ch. 13 bk, if you find you can't make it?

I should be able to make it fine and I have had my job for 18 years but you never know what will happen.

[SinkingFast]

If you loose your job and get new employment,..............

If you have a significant change in income, you are gonna have to notify the Court. If your income goes up, your plan payments probably will as well. If your income goes down, your attny can file to ammend your plan to reduce your payments accordingly.

If you loose your job, don't get a new position, and decide to sell your house to pay your Ch 13 plan,..........

You'll have to petition the Trustee for permission to sell your house.

The minute you file BK, everything you own becomes a part of the BK Estate. The BK Estate is governed by the Trustee. You can't take on new debt except to buy a vehicle. That's only after you've been in the plan for a year, and you'll have to get the permission of the Trustee.

You said you are filing close to a Sheriff's sale of your house. How close??!! Do you have a week or so before the sale or are you trying to file on the day of the Sale?? Part of the New Law specifically addressed Emergency Filings to prevent Foreclosures and Evictions. If you're trying to file on the day of the sale, you may not prevent the Foreclosure from proceeding.

[drivermom]

I am filing about 9 days before the sheriff's sale.

[SinkingFast]

You need to file at least 5 days prior to the actual sale, to allow for getting your Credit Counseling Certificate, if you don't already have that requirement done.

I read the same thing at several websites:

"That's because a new provision requires that people filing for bankruptcy must undergo credit counseling before or within five days after filing their bankruptcy petition. To show you've complied with that requirement, you have to file a certificate with the bankruptcy petition stating that you've completed an approved credit-counseling course."

http://www.alta.org/indynews/news.cfm?newsID=3762

So if you've got your Pre BK Cert done, you should be good to go to stop the Foreclosure.

[Interlaw]

This is incorrect There is no requirement that you file 5 days before a foreclosure. I have filed many cases the same day as the scheduled foreclosure without difficulty. (Note that in the District of Columbia, due to a recent decision by Judge Teel, you must obtain your credit counseling certificate no later than the calendar day before you file. This [IMO wrong] decision is currently on appeal.)

Brett Weiss

Maryland, DC and Federal bars
Member, National Association of Consumer Bankruptcy Attorneys

[SinkingFast]

Please feel free to post any helpful information you may have, Mr. Weiss.

Advertising is not allowed unless you make prior arrangements with the Forum Adminstrator.

Reference the Forum Rules:

http://www.bankruptcyforum.com/showthread.php?t=5467

We definitely appreciate the perspective of a BK attny.

I have read on numerous occassions that one of the drawbacks to the New Law was not allowing for "Last Minute" filings to stop a Foreclosure in process.

Should you continue to post, I'm sure Forum Members and Lurkers will contact you via PM with more personalized types of questions.

And, of course, you may contact the Forum Admistrator by clicking on the Main Page Link for Forum Leaders, located toward the bottom of the Sections Index Page.

[Minnymouth]

It is my understanding of the new laws (and these will vary from state to state due to objections being filed and pending) that:

1. In order to stop foreclosure, the petitioner must have filed bankruptcy, even the day before foreclosure, and MUST have a completed credit counseling certificate on file in order to STOP the foreclosure on that foreclosure day.... (this is to insure that the filer has been counseled in the area of foreclosures).

Since this is a wide open topic for discussion, remember the laws are different from state to state regarding this issue.

Also check with an attorney in your state as to the procedure and policies governing this type of action taken.... it may be different in your state!!!

Minny

[SinkingFast]

Also check with an attorney in your state as to the procedure and policies governing this type of action taken.... it may be different in your state!!!

Minny

I know in our Court here, Minny, the Court is abiding by the "No Emergency Petitions to prevent Foreclosure" under the New Law.

Our paralegal was telling me about having to rush to put a petition together and file for a couple to save their home from the Sheriff's sale. The paralegal said they had to file the petition no later than a week prior to the scheduled sale. If the Court has less time than that, you're SOL about your house here.

The paralegal also commented that before the Law changed, they could file a petition the day before or the morning of the Sale and stop a Foreclosure. Not now.

[aa06a47]

I think as long as the bk is filed and sufficient notice can be given to those who are doing the auction, then it is perfectly legal. The bad part about waiting until the last minute is what if something happens (court document filing system is down, line is too long at the court house..etc.) I actually read where someone went to the court house to file to save the auction of his house, and unfortunatly, all the papers were stamped about 1 hour after the auction had already taken place. So, he lost his house.

It is definatly not wise to wait till the last minute, but I have not read in the code that it is illegal.

[aa06a47]

I know in our Court here, Minny, the Court is abiding by the "No Emergency Petitions to prevent Foreclosure" under the New Law.

Our paralegal was telling me about having to rush to put a petition together and file for a couple to save their home from the Sheriff's sale. The paralegal said they had to file the petition no later than a week prior to the scheduled sale. If the Court has less time than that, you're SOL about your house here.

The paralegal also commented that before the Law changed, they could file a petition the day before or the morning of the Sale and stop a Foreclosure. Not now.

SF, where is this no emergency petitions to prevent foreclosure under the new law at? There are some obvious pre-bk steps (credit counseling) that will pretty much keep someone from deciding at 9:00am to file and be able to file at 10:00am.

I believe the courts are weakening the bk law and making the automatic stay impotent if they truley make rules like that. I mean, the general rule is that the second that the papers are filed, there is a blanket around you protecting you from all creditors...and I do mean the very second you file. I just think that is wrong of the courts in your district saying, well, all creditors must stop except those about to foreclose on a house.