Yes, I screwed myself.. any suggestions??
I filed a while back due to my company closing without notice, leaving us w/o insurance, baby boy born the month after, car accident where I was rear ended and injured my back, and then a month later my 2 yr old daughter was diagnosed with type 1 diabetes and hospitalized with Ketoacidodis..
So, while we are happy that we have a new baby boy, and my daughter is able to get the care she needs to live a healty life thanks to medicaid paying for her supplies for now, we are in the worst financial situation we have ever been through.. We decided to let our house go since it was upside down, and way too expensive, we lived there for 9 months while I looked a new job.
Now, I have filed for a bk pro se, since I couldnt afford the fees, and I filed at the worst time. I filed for the bk to avoid having the house sold in an auction while we looked for a new place to live, and I used my tax refund to move. I filed my taxes before filing for the bk, but recieved to refund 2 days after I filed, so the trustee wants the money which I spent to move us. I also filed for the bk fees to be waived, which was denied since it turned into an asset case because of the tax refund, and told I would be put on a payment plan. I never recieved the payment plan schedule like I was told I would be and when I called to inquire they told me the case was dismissed due to nonpayment. I have since written a letter to the judge and have a hearing scheduled next month for a motion to consider dismissal. The only thing I reaffirmed in the bk was my 2 vehicles which are upside down slightly, but run perfectly with warrenties. Since they dismissed the case they voided the reaffirmation agreements I had with them and one of my cars was recently repossed.
My questions is, what should I do? I need a car, and with my wife going constantly to the doctors for my kids, she needs a reliable car especially in the case of an emergency. They reduced the balance of her car by over $8K, lowered the interest rate by 6%, and the payments by over $200/month, so we are hoping they wont get her car before the bk hearing. I want my car back to avoid going to a "buy here, break down over there" dealership and end up in another bad situation, and was hoping to work something out with my car company to keep the car as they gave me a great deal in the reaffirmation as well. SO, now that I just gained a new job, with a steady income (salary) and know that I can afford it, what would be the best way to convince the car company to give me back the car or hold it from the auction before the hearing, as I am pretty sure they will reinstate the case...Also, the trustee is making me pay $3000+ back that I dont have because I let a friend do my taxes and I think I did not get the earned income credit due to the amount that I had in losses. I think that if I go to a professional accountant that they may reduce my losses to give me more of a earned income credit, which would give me the same amount back, but it would be protected from the trustee. Is this an option or is it too late.. I would not be worried if I didnt think that paying it would prolong my financial recovery..
Also, beware of filing pro se...it has cost me more in the long run, not only financially, but the heartache of the process, and circumstances put me in a negative funk.. and you can never move forward unless you believe that things will get better. Ive lost everything material, but am greatful that my daughter was able to get a free insulin pump due to our situation and is doing much better with her blood sugars.. you have no idea how hard it is to get a 3 yr old to count carbs!!
So, while we are happy that we have a new baby boy, and my daughter is able to get the care she needs to live a healty life thanks to medicaid paying for her supplies for now, we are in the worst financial situation we have ever been through.. We decided to let our house go since it was upside down, and way too expensive, we lived there for 9 months while I looked a new job.
Now, I have filed for a bk pro se, since I couldnt afford the fees, and I filed at the worst time. I filed for the bk to avoid having the house sold in an auction while we looked for a new place to live, and I used my tax refund to move. I filed my taxes before filing for the bk, but recieved to refund 2 days after I filed, so the trustee wants the money which I spent to move us. I also filed for the bk fees to be waived, which was denied since it turned into an asset case because of the tax refund, and told I would be put on a payment plan. I never recieved the payment plan schedule like I was told I would be and when I called to inquire they told me the case was dismissed due to nonpayment. I have since written a letter to the judge and have a hearing scheduled next month for a motion to consider dismissal. The only thing I reaffirmed in the bk was my 2 vehicles which are upside down slightly, but run perfectly with warrenties. Since they dismissed the case they voided the reaffirmation agreements I had with them and one of my cars was recently repossed.
My questions is, what should I do? I need a car, and with my wife going constantly to the doctors for my kids, she needs a reliable car especially in the case of an emergency. They reduced the balance of her car by over $8K, lowered the interest rate by 6%, and the payments by over $200/month, so we are hoping they wont get her car before the bk hearing. I want my car back to avoid going to a "buy here, break down over there" dealership and end up in another bad situation, and was hoping to work something out with my car company to keep the car as they gave me a great deal in the reaffirmation as well. SO, now that I just gained a new job, with a steady income (salary) and know that I can afford it, what would be the best way to convince the car company to give me back the car or hold it from the auction before the hearing, as I am pretty sure they will reinstate the case...Also, the trustee is making me pay $3000+ back that I dont have because I let a friend do my taxes and I think I did not get the earned income credit due to the amount that I had in losses. I think that if I go to a professional accountant that they may reduce my losses to give me more of a earned income credit, which would give me the same amount back, but it would be protected from the trustee. Is this an option or is it too late.. I would not be worried if I didnt think that paying it would prolong my financial recovery..
Also, beware of filing pro se...it has cost me more in the long run, not only financially, but the heartache of the process, and circumstances put me in a negative funk.. and you can never move forward unless you believe that things will get better. Ive lost everything material, but am greatful that my daughter was able to get a free insulin pump due to our situation and is doing much better with her blood sugars.. you have no idea how hard it is to get a 3 yr old to count carbs!!
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