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We Were Filed 9/30/09!!

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    We Were Filed 9/30/09!!

    Just got the email from the Attorney. Dh doesn't know yet as he is fast asleep in his big truck somewhere in Missouri. It has been a one LONG year since we retained our BK Attorney.

    We were under the State Median Income by about $400 a month. We are attempting to bankrupt $112,892 of which $10,064 is a ParentPllus Loan. Our Bankruptcy Attorney checked the box to reaffirm Dh's truck, but has already told us he cannot sign a reaffirmation agreement & this past month we honestly did not have the money to make the $437.98 a month payment.

    Our current monthly income is $3,851.12 (he avg. our tax refunds for the past 2 years & included them as income)Our expenditures are $4,376.92 leaving us in the negative of $525.80. So he told us he would not sign the Reaffirmation on Dh's truck. He did say if he received a Reaffirmation on our home which we are upside down about $2,000 he would sign it.

    Our 341 hearing is Nov. 5th at 8:30 am at the Bank of America Building in Little Rock, AR. Attorney had stated hearing probably wouldn't be until middle of the month when we signed on 9/24. He congratulated me on how well I had the papers organized and documentation to backup our monthly expenses.

    He did say if he received a Reaffirmation on our home which we are upside down about $2,000 he would sign it. So we missed 9/17 pymt on the 2006 Dodge Dakota. I wonder how long it will take US Bank to file a Relief of Stay.

    Sure was quiet today. NO PHONE CALLS except for some Environmental Place & I googled them. They are trying to sell septic systems and we are on City water.

    I haven't slept well all week as his new Paralegal did not want to list the CAs' or JDBs' nor if we had two credit cards with the same creditor. Attorney had printed out that info for me to go over on 9/24. I fired off an email to him on 9/25 & told him I wanted every Creditor listed with the $ amount owed & the same for the CAs & JDBs. This went back and forth up until 3:45 pm yesterday. So was on pins and needles wondering if he got it filed - He Did!

    A lot of weight has been lifted off my shoulders; however, tons of weight has been added as my twin sister had a double mascectomy this past Friday, Emergency Surgery on Sunday for a hematoma to be cut out & was told Tues. the cancer has spread to her lymph nodes especially the sentinel node.

    Already had an appt. on 10/19 with Oncologist, but this was before they knew about the lymph node cancer. I told her, it is was my body, I would be calling and requesting an early date as she had a clear mammogram in April & end of July a Cat Scan of the lung found the tumor in her right breast. That's fast, 3 mths. Breast cancer runs rampant on my mother's side of the family.

    So getting this paperwork completed & knowing it's filed eases some. Dh's boss has already told him he would lend him the money for a down payment on a vehicle. To just let him know how much and when. Hoping to keep Dodge as long as possible. Because we haven't been paying our credit cards & still barely making it because of prescriptions we both need and dang medical bills. Some of our Specialists we Need to pay as we cannot go without them.

    Want to lay down and wake up on 11/5/09!! O Wait..can't do that. Dh's mom & 88 yrs. old granny are flying in this Sat. morning for a weeks stay. I love em and miss em, but I'm in the bed for a week after they leave. Mebe it will not be as bad this time, as Dh took a vacation week from work.

    Luci

    #2
    You sure have a lot on your plate and I will keep you in my prayers. I wish the best for you and your family. Sounds like your hubby has a great boss - very understanding and values him as a person and employee.

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      #3
      I am so happy for you Luci. It's such a relief to have the big first step down, huh? Way to go!!!!!!
      New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

      Comment


        #4
        Yeah! I'm glad that BK ball is rollin'...

        You sure do have a lot on your plate right now, hang in there, you'll be in my prayers too.

        Hubby sound like he has a great boss! At least the stress of finding a way to fund another vehicle is behind you

        Take care and enjoy your company this weekend.
        May 2008 Hired 1st Attorney/Stopped paying CCs
        May 21, 2009 Retained 2nd Attorney
        May 28th - Filed for Ch 7 (FINALLY!)
        9/11/09 - DISCHARGED!!!!

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          #5
          Good luck to you. Now that you're filed, you'll feel the weight of all of that lifting.

          Before you know it - it will be time for your 341 and then waiting for discharge. Really the time goes by faster than you realize.

          I'll keep and your sister in my prayers. Breast cancer runs on my mom's side of the family too.
          Filed Chapter 7: 7/3/09
          341 Hearing: 8/6/09 - Went Smoothly!
          Discharged: 11/30/2009
          Closed: 12/16/2009

          Comment


            #6
            Congratulations on the filing, and we are keeping your Sis in our prayers.
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

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              #7
              Congratulations on filing. I'll keep your sister in my prayers too...
              All information contained in this post is for informational and amusement purposes only.
              Bankruptcy is a process, not an event.......

              Comment


                #8
                Congrats on finally getting filed. We filed the same day. Our 341 is Nov 9th.

                When I first read the end of your post I thought for some reason it was relatives from your side that were visiting not his. I was thinking what a great guy he is to take vacation that week. I know if my MIL was visiting I would volunteer for double shifts.

                Best of luck to you and your sis.
                9/30/09 * Filed Ch7
                11/9/09 * 341 - Uneventful
                1/11/10 * Closed

                Comment


                  #9
                  Originally posted by PdxDavid View Post
                  Congrats on finally getting filed. We filed the same day. Our 341 is Nov 9th.

                  When I first read the end of your post I thought for some reason it was relatives from your side that were visiting not his. I was thinking what a great guy he is to take vacation that week. I know if my MIL was visiting I would volunteer for double shifts.

                  Best of luck to you and your sis.
                  ROFLOL! MY MIL is my Best Friend! She is 72 yrs young. Works the same job she got when she was 17 yrs old and it's swing shift. One week 7 am - 3 pm, next week 3 pm -11pm & 11pm - 7am. She's afraid to quit working as she will be bored.

                  Thank You ALL for the prayers and concerns with my twin sister. She saw the plastic surgeon yesterday. She is weak, tires easily, sore & bruised. She has lost about 40 lbs. It irritates me she is having to wait until Oct. 19th to see the Oncologist as the cancer has already spread elsewhere. Dang Docs!

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                    #10
                    i am very happy for you that you filed. it has been a long time coming. best to you and your twin sister.
                    filed ch7 May 09
                    341 june 09
                    discharged, closed Aug 09

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                      #11
                      Congrats on filing... you need this relief so you can concentrate on other things!
                      Filing cpt.7 11/09 341- 1/21/10
                      Report of no distribution 1/21/10
                      Scheduled for discharge 3/22/10 (on my 15th wedding anniversary!)

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                        #12
                        Did your attorney let you know that to discharge the ParentPlus loan you will most likely have to file an AP to determine it's dischargeability.
                        It's considered a 'student loan' and not subject to the automatic discharge in a chapter 7.

                        Comment


                          #13
                          Originally posted by biotechsolution View Post
                          Did your attorney let you know that to discharge the ParentPlus loan you will most likely have to file an AP to determine it's dischargeability.
                          It's considered a 'student loan' and not subject to the automatic discharge in a chapter 7.

                          I'm not sure what you are asking..Sooo, will just say this. We expect to continue paying on the ParentPlus loan during and after BK. Have address to mail payments to via our Bank's Bill Pay while in BK with an 1/4% interest increase. Once closed, Chase Student Loans said they would change it back to Auto Draft & we would get our 1/4% interest reduction for using auto debit.

                          Dh's truck loan (2006 Dodge Dakota Pickup, co., US Bank, called yesterday morning, but did not call last night nor this morning, which they usually do. So know we will be able to keep truck until US Bank files a Relief for Stay. Hmm, hoping it will be at least 2 mths before they do so. Dh's boss will make the down pymt. on an older model vehicle for him to drive back and forth to work.

                          Luci

                          Comment


                            #14
                            Congrats and I will pray it all goes seamless and uneventful for you!

                            What is a Parent Plus Loan?

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                              #15
                              all I can say is Prayers for all you have going on.

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