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341 today and unsure about a few things

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    341 today and unsure about a few things

    Had my 341 today at 2:00 and was in my car driving home at 2:10 which I assume is a good thing. TT said i was a no asset case(means I have nothing to take?) questioned a few things on my 1040's for the last two years self employed in sales and listed my credit card withholding fees under bank charges on tax returns. He seemed ok with my explantion as to why they where high( He said I never thought of that as a bank fee but I guess it is). Any thoughts as to I should worry about this?
    Still am self employed(1099 paid) but he did not bring up what my future income will entail.
    On a different note my house which I plan to keep and (current on second one month behind on first) my first is at 170,000 and my second is at 49,000 (Attempted to keep my business going only if I knew then which I know now).House could be sold for approx 210,000 maybe (market is still pretty good here) was appraised at the peak for 225,000 from second holder a couple of years ago. What is the stake the second has on my house ? If I just let them go will they be able to forclose? should I attempt to redo the loan amount? Should I pester my lawyer with these questions( seems like their are more real life stories here than a local lawyer can see). BTW I am in NYS.
    Sorry so long and know it is a holiday weekend but wanted to get some worries and thoughts out while they are fresh.
    Filed 07/30/09
    341 9/4/09
    Discharged 9/11/09

    #2
    Originally posted by speedbump69 View Post
    Any thoughts as to I should worry about this?
    Still am self employed(1099 paid) but he did not bring up what my future income will entail.
    If your trustee accepted your explanations, you're home free. If he/she does have issues, an objection will be filed with the court and you and your lawyer will hear about it fairly soon.

    What is the stake the second has on my house ? If I just let them go will they be able to forclose?
    So you believe that your house is worth $210K now and you owe $170K on first mortgage and $49K on the second. Since your house appears to be worth $40K more than your first mortgage, then that's plenty for a second mortgage lender to foreclose - they'll get back most of their $49K. You need to keep paying the second *if* your house is actually worth $210K.

    However, your house could be worth less than you think. Take a look at what comparable houses have sold for in the last six months in your neighborhood. If your house value turns out to be what you currently owe on your first mortgage or less, your second mortgage lender won't foreclose on your home if you stop paying them because they won't get anything.

    should I attempt to redo the loan amount?
    I would get a solid appraisal of your home's current worth on the market first.

    Should I pester my lawyer with these questions...
    I sure would. This is what you are paying him/her for - expert advice about what's in your best interests regarding your bankruptcy.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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