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    #31
    Originally posted by spearmint View Post
    I don't think you could hold off garnishments.
    You can if you drain your bank accts, change from direct deposit to checks. If you can't get a paper check, open a new checking acct at another bank. I was draining my bank accts every Friday (paid weekely). Just work with cash and money orders for the time being.

    Wage garnishments should have a limit on the % of your pay that they can take. In my case, even if they took the max, it was less than my cc bilss, so I didn't care. My employer doesn't deal with garnishments though so I was good to go there.

    Just my .02.
    02/05/09 Filed BK7
    03/11/09 341 Hearing
    05/20/09 Discharged!

    Comment


      #32
      Because that's what it costs for a married couple to file and have to do the means test and have over 60 creditors/collection agencies to use in a bankruptcy.

      How am I supposed to switch attorney's now at this point if I already paid?

      The median for my state is $50k, not $55k.

      As I have stated in about 5 or 6 other posts, I made almost $8,000 in December which totally screwed up the means. Plus we were over the means for many months prior to that. My wife was was working and that hurt us, so she quit so we could pass. I have not paid my mtg in almost 4 months now.

      I just checked the court record system and now it says "MOTION FOR DEFAULT". What does that mean?

      What is the indicator in the court record system that I should be looking at which will tell me that I have 30 days or less to move out?

      Comment


        #33
        Debtmonster - you have a long time to go - you are in Fl and we are really backed up with the foreclosures.

        So far it has been 10 months for me and my attorney thinks I have at least until July to move. He says do not move until the final judgement and if they were to get a court date today, the earliest it could be heard is June and then I have 30 days to move at that point. Check with your BK attorney - if he's good he will know what the 'new' timeline is (since the foreclosure deluge).
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

        Comment


          #34
          Father, I pray your peace on all of us who are facing hardships and trouble in this season of our lives. I pray for your grace and mercy and most of all your peace so that we can get through these tough times. Father cover our minds and hearts so that we do not "go crazy" with worry over things that are out of our control. Thank you for loving us through this even though we sometimes don't love ourselves and we allow others opinions of us to overrule what you think of us. Keep us Lord, guide us and direct us, show us the way. AMEN

          Hearts

          Comment


            #35
            Originally posted by StartingOver08 View Post
            Debtmonster - you have a long time to go - you are in Fl and we are really backed up with the foreclosures.

            So far it has been 10 months for me and my attorney thinks I have at least until July to move. He says do not move until the final judgement and if they were to get a court date today, the earliest it could be heard is June and then I have 30 days to move at that point. Check with your BK attorney - if he's good he will know what the 'new' timeline is (since the foreclosure deluge).
            Yeah, but doesn't it matter which court house in what county and not necessarily the state? If I live in a county with much less people, won't they be able to get through it faster than say Miami or Ft. Lauderdale?

            What is the indicator I will see in the court records? Will it say the words, "Final Judgment" there or will there be something else?

            I just want to know that we have thousands of dollars sitting in the bank at any given time when this time ever comes. I never want to be unprepared.

            Comment


              #36
              Originally posted by myhearts07 View Post
              Father, I pray your peace on all of us who are facing hardships and trouble in this season of our lives. I pray for your grace and mercy and most of all your peace so that we can get through these tough times. Father cover our minds and hearts so that we do not "go crazy" with worry over things that are out of our control. Thank you for loving us through this even though we sometimes don't love ourselves and we allow others opinions of us to overrule what you think of us. Keep us Lord, guide us and direct us, show us the way. AMEN

              Hearts
              myhearts07..what a sweet prayer and a great way to start the morning

              Comment


                #37
                Good question debtmonster. Except there seem to be only 3 or 4 attorney's around the entire state of FL that are handling the foreclosure actions for the main mortgage servicers.

                One of the largest is in the Tampa area - and they are extremely unorganized. Once you get your NOD you will know 1) who the attorney is and 2) who the actual lender is for your loan. There are no guarantees for timelines - that's why you want to monitor it in your county.

                Yes, it will say Final Judgement in the public records.
                Filed CH 7 9/30/2008
                Discharged Jan 5, 2009! Closed Jan 18, 2009

                I am not an attorney. None of my advice is legal advice in any way..

                Comment


                  #38
                  Originally posted by StartingOver08 View Post
                  Good question debtmonster. Except there seem to be only 3 or 4 attorney's around the entire state of FL that are handling the foreclosure actions for the main mortgage servicers.

                  One of the largest is in the Tampa area - and they are extremely unorganized. Once you get your NOD you will know 1) who the attorney is and 2) who the actual lender is for your loan. There are no guarantees for timelines - that's why you want to monitor it in your county.

                  Yes, it will say Final Judgement in the public records.
                  I already got served in February. That's how I am seeing all of this court information showing up. I got the attorney's info. Their attorney is in Tampa.

                  Does it matter who the lender is or does it still take a long time for me to have to move out no matter who the lender is?

                  I am wondering how this will all go about. If my balance on my two mortgages is about $140,000, will they settle for a sale price of $80,000 or less from somebody else? Also, who are these people offering the money? Are these usually private individuals or just rich multi-millionaire investors who have no intentions in even living in the houses they buy?

                  I would think people would want to come by and look at the condition of the house first before making an offer. They have no idea if the place is trashed or not. Plus I live so far out in the boonies, it's disgusting.

                  Comment


                    #39
                    Usually very few people today actually buy the house on the "courthouse steps". What is typical today is the lender wins the bid - and the house goes into the bank inventory (REO property). REO = Real Estate Owned.

                    The bank then has a property preservation dept to phycially send someone out to look at the property, change the locks etc. The asset manager hires an agent to sell the property. This takes quite a while just getting through the banks depts. Naturally you want to be out before the bank sends someone out to change the lock.

                    Doesn't really matter who the lender actually is - you still have about 30 days from the date of final judgement.

                    Yes, people want to see the house before they bid. The bank wants to foreclose on the property and take it into ownership for two reasons (that I know of): 1) they clear off the jr liens by going all the way through foreclosure and 2) the bank collects on the mtg insurance by having a foreclosure. The mtg insurance is substantial, usually anywhere from 19% to 35% of the original mtg balance. If the loan was originated after 2000, there is mtg insurance (either lender paid or borrower paid, no matter the LTV). So now the bank has the asset (property) and the mtg insurance to mitigate the loss.
                    Filed CH 7 9/30/2008
                    Discharged Jan 5, 2009! Closed Jan 18, 2009

                    I am not an attorney. None of my advice is legal advice in any way..

                    Comment


                      #40
                      Okay, so when they actually sell the house, I won't be here at that point, right?

                      I also have a homestead exemption on the house. Won't that make it take even longer to process or does that not even matter?

                      So the key is to keep checking the records and keep looking for the words "Final judgment"? So when I see those words, I know it's time to start calling moving companies, right?

                      Comment


                        #41
                        Right!
                        Filed CH 7 9/30/2008
                        Discharged Jan 5, 2009! Closed Jan 18, 2009

                        I am not an attorney. None of my advice is legal advice in any way..

                        Comment


                          #42
                          Okay, if I can manage to stay here for 12 to 24 months, that should give me plenty of time to get my bankruptcy started in July and hopefully discharged by October. If I can manage to stay here until at least February or March of 2010, that should give me plenty of time to have at least $3,000 in my bank account to enable me to hire movers or a U-Haul truck to get out of this place. The thing is, if this "final judgement" shows up in the next 90 days, I will be screwed. That won't enable me enough time to stockpile cash.

                          There's no way to get them to speed up the process? Why does all of this take so long? Why can't they speed it up to get people out of the homes faster?

                          Comment


                            #43
                            Laidoff, sounds like you have found one of those, "take the easy, quick stuff and dodge the hard, longer stuff" type Attorneys.

                            Several people have suggested the answer - talk to another Attorney - maybe several. - jb
                            jb - A little knowledge is a wonderful thing - sometimes.
                            Filed - 2/27/09
                            341 - 4/3/09
                            Discharged - 6/20/2009

                            Comment


                              #44
                              Originally posted by jeb View Post
                              Several people have suggested the answer - talk to another Attorney - maybe several. - jb
                              I wish I had the option to talking to "several". Virtually everyone I tried said, "We don't do the means test. You need to make under the means for Florida or we can't help you."

                              The attorney I have now charged me an extra $500 for the means test paperwork. I hope they pass that law to eliminate the means test. What it is, the S-257 or something?

                              Comment


                                #45
                                You need to do the whole means test bankruptcy form b22a and see if your monthly disposable income is more than 10,000 plus / 60 (I'm not sure what the current number is). You can do it at www.legalconsumer.com at no charge!

                                Comment

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