What happens if you are not up to date in secured when you file.

[adviceplease]

It seems like a lot of things have come up in the last couple of months since we retained our lawyer that is still putting us behind even without the CC's. We are not extremely behind on the secured loans that we want to keep, about 2 weeks late before we pay them. So can the secured creditors use this as an excuse to not let us keep our home and cars? Our lawyer is working on a rough draft and we will probably file in a couple weeks.

What if after we file we are a week or two late on a payment?

[AngelinaCatHub]

A reaffirmation is the best for keeping stuff. It is highly recommended here that you do not do this, but attempt to "pay through". When you pay through you need to keep up to date or they can "call your loan" and you will lose your stuff. Not only this, to reaffirm, both your lawyer and the Judge have to agree if you can afford a reaffirm or it would be denied. Then pay through is it.

Now if you cannot handle all things now, and you are not paying the 'extra' stuff, how are you going to do this after discharge? This is basically what your lawyer and Trustee looks at. They don't want to see you back. 'Hub

[adviceplease]

Well one of the problems is that I still had a 3rd car payment for a loan that we used for collateral up until Nov and we changed car insurance and had to rearrange our payments to fit this in earlier than normal. We no longer have that 3rd car payment so that will open up money for other expenses from now on but I am going to be late on my mortgage and car payments this month until everything gets caught back up. My lenders allow 10 days before they charge fees, does this give me leeway to catch up this month? I am not anticipating a problem after this month.

[keepmine]

Can you delay filing until, you're current and certain you can stay current?

[adviceplease]

My lawyer is already working on the 1st draft of the bankruptcy, we have already delayed it 3 weeks because of my husbands work saying he could not take time of in November for the 341. I haven't really called and bugged the lawyer because of being behind, but there was a part in our contract that if we delay things because of not being willing to cooperate etc. that they have the right to charge more, and I really do not want to pay more to them.

We are 5 days late on one car payment and 3 days late on the mortgage, I am just trying to decide which one to pay on friday.