For those in Southern CA area regarding attorney...

[OutofTime]

I'm new to this forum but have been lurking for months trying to get a better understanding about BK. I've come to this conclusion that filing BK is the best solution for me to start over with a fresh start. I've never taken advantage of credit but because of my unemployment in '08 that lasted 8 months, I had to use my cc to make ends meet. I have unsec debt of around 46k and would like to know the typical questions to ask when interviewing a bk lawyer.

I've spoke with a couple lawyers and feel really comfortable with one in LA area that helped a friend of mine with CH. 7 already. I owe a second on my home of around 39k and since i'm the only one employed due to spouse being a student, this atty. is recommending a Ch. 13. I'm just not sure which way to go and I know I do qualify for Ch. 7 but getting rid of my second could sure help since my home has no equity at this time. Any help or advice would be greatly appreciated.

[liboton21]

I'm filing for BK7 with both 1st and 2nd to BofA with pending loan mod. Current on first but I'm not paying the 2nd since August as my plan is to negotiate the 2nd to BofA.

[OutofTime]

I'm filing for BK7 with both 1st and 2nd to BofA with pending loan mod. Current on first but I'm not paying the 2nd since August as my plan is to negotiate the 2nd to BofA.

Thanks for the quick reply liboton. Just curious, i'm also with boa via countrywide mortgage, how long was the process of your loan mod? I'm only upside down by 40k according to my loan amount and zillow values but I don't really want to go Ch. 13 route and pay another 3 years according to the attorney I spoke with. (minimum payments and minimum length of time)

[liboton21]

Why they are recommending BK13? Are you above the median for SoCal? I'm above the median but passes the means test so I filing BK7 next week. A lot of collections letter and clls from creditor.

I filed for loan mod thru NACA in Feb 2009 and was approved for 3.25 in April 2009. I was behind five mos and was added to the loan. Started paying the loan in June 2009 but two major car repair drained my back-up and wife still out of work, I went to the NACA STD in Las Vegas last October 2009 and the counselor reccommended the HAMP (31 % of my gross), still waiting for the result. My NACA record states the day I file in Feb 2009 so they disregard the 3.25 since prop tax and insurance wasnot included in the first mod. I told my lawyer my intentions was retain and pay or not reaffirming and also he will write a letter to BofA and NACA while I'm in automatic stay. By the way, I'm upside dwon by 300K in Inland Empire.

[OutofTime]

I'm up to date on my home loans but around 90-120 on cc's so it may be hard to go the loan mod because I plan on keeping my home. As for bk13, they are recommending it because it gets rid of 85k of debt and i'd only have to pay a small amount for 3 years. I'm an insurance agent and my base is below median but I get commission. I need to get more information and also take a means test as everything i'm saying is based off what i've read so far since I'm fairly new to this whole process.

[OutofTime]

Any southern ca members here who can pm me a reliable attorney who you had a great experience with regarding bk7 filing?

[liboton21]

Means test for cali:

http://www.legalconsumer.com/bankruptcy/means-test/state.php?st=CA

[albacore44]

Why they are recommending BK13? Are you above the median for SoCal? I'm above the median but passes the means test so I filing BK7 next week. A lot of collections letter and clls from creditor.

I filed for loan mod thru NACA in Feb 2009 and was approved for 3.25 in April 2009. I was behind five mos and was added to the loan. Started paying the loan in June 2009 but two major car repair drained my back-up and wife still out of work, I went to the NACA STD in Las Vegas last October 2009 and the counselor reccommended the HAMP (31 % of my gross), still waiting for the result. My NACA record states the day I file in Feb 2009 so they disregard the 3.25 since prop tax and insurance wasnot included in the first mod. I told my lawyer my intentions was retain and pay or not reaffirming and also he will write a letter to BofA and NACA while I'm in automatic stay. By the way, I'm upside dwon by 300K in Inland Empire.

Sounds like you live in my neighborhood