please help if you can...

[leavesfall]

we filed ch 7 in late august ...statement of intent was to reaffirm car and mortgage ... we did a reaffirmation agreement for car but never heard from
mortgage (WF) they were granted a relief from stay...

we want to make sure our mortgage is under discharge - lawyer is saying wants 750.00 more to amend our bankruptcy ... for 2 months now we have told him we do not want the house... frustrating... i am so worried that the discharge will not include the mortgage as its why we filed in the first place ...to get out from under the condo we were unside down on (we dont live there now) i called wells fargo yesterday.. we are not in foreclosure... stopped making payments when we filed ...were current to that point

if i just leave it like it is will the mortgage be under the discharge and then go through forclosure ? at thatt point cant i just give them the keys...

what will happen if my ch 7 discharges and i dont amend the paperwork that i dont want to reaffirm...

i am in californina - i hope my question makes sense

[keepmine]

A statement of intention is just that=an intention.
Unless, you sign a formal reaffirmation agreement, the debt is discharged.

[JoeBankrupt33]

Absolutely don't pay your lawyer. I filed an intent to reaffirm a car, but I never went through with it because I decided not to keep it. Also, I never amended my statement of intentions. The debt will be discharged.

[leavesfall]

so is my attorney just trying to make some money telling me that if i want it discharged
that i have to file an amendment? (thats how i feel)

did WF get the relief from stay inorder to start foreclosure? when i spoke with them yesterday - they asked if i inteded to keep the property and i told them no... they referred me to premier asset - a company who they work with ....

is it possible then to leave everything as it is and make arrangements to give the keys over to wellsfargo or does the foreclosure just have to run its course once it starts...

more importantly - since we no longer live there and are very near discharge - if i do nothing more and discharge happens...will i be liable for any money to WF ... can they sue me or attach my wages after discharge because i stated that i 'intended' to reaffirm the condo????

thank you so much for your time... my attorney doesnt seem to want to help me unless i pay for him to file an amendment

i was going to call the trustee this morning for advice ... i just dont have anyone to talk to about this ... i have no copies of what was filed... i do know we listed the mortgage
and never signed a reaffirmation agreement...

[keepmine]

The debt will be discharged and, you have no liability for any deficiency balance.
You do need to have a copy of your filing-that's just good business.

[OhioFiler]

so is my attorney just trying to make some money telling me that if i want it discharged
that i have to file an amendment? (thats how i feel)

did WF get the relief from stay inorder to start foreclosure? when i spoke with them yesterday - they asked if i inteded to keep the property and i told them no... they referred me to premier asset - a company who they work with ....

is it possible then to leave everything as it is and make arrangements to give the keys over to wellsfargo or does the foreclosure just have to run its course once it starts...

more importantly - since we no longer live there and are very near discharge - if i do nothing more and discharge happens...will i be liable for any money to WF ... can they sue me or attach my wages after discharge because i stated that i 'intended' to reaffirm the condo????

thank you so much for your time... my attorney doesnt seem to want to help me unless i pay for him to file an amendment

i was going to call the trustee this morning for advice ... i just dont have anyone to talk to about this ... i have no copies of what was filed... i do know we listed the mortgage
and never signed a reaffirmation agreement...

You should register on PACER and look for yourself. Sounds like your attorney is a DB.

[JoeBankrupt33]

The relief of stay is to start a foreclosure before the discharge. You will be fine and your lawyer is a DB.

[leavesfall]

thank you all so much... this is what i am beginning to see

he had me call wells fargo yesterday... i think i will wait for notice of discharge and try to see if they want me just to surrender the keys...

i would sign up for pacer but they want a credit card... ha ha

[marie]

you can sign up for Pacer without a cc, they send you the log in details in the mail. takes about a week to arrive. then you can use it, and they will bill you only if you go over $10.00

[StartingOver08]

You can use a debit card for PACER or a pre-paid card if you prefer. Based on your post, I would sign up for PACER and get a copy of all the docs for your case - they only charge 8 cents a page and don't bill your card until you reach $10. The billing is quarterly.

[leavesfall]

ok i have my login info and dont know how to search...

should be simpler than this

[leavesfall]

ok ... so i got in... it said 'awaiting' discharge ... something about 55 days... and trustee filed that there was no distribution..

is all that good?

does it mean anyday now?

[Kingxray]

ok i have my login info and dont know how to search...

should be simpler than this

First click on the state and area (north, south, etc.) you filed under then you will be prompted to enter you login and password. After you have done that at the top the screen click on "query". You will then be asked for either your case number or name. Enter whichever one you have. At that point your case will come up with many options to choose from. You will not be charged at this point. You can find the most detailed information on your case by clicking "Docket/Report" You can also print documents from this section. You will need Adobe if you want to view/print documents.

Remember whatever option you choose you will then be charged 0.8 cents a page. I have been using Pacer regularly for the past 13 months to view my case and print documents and I received my first and only bill and it was for $14. Good luck.

[CCsAreEvil]

So, if you registered online via CC and you never reach $10, what happens? So far, I'm at around $8.xx.

[marie]

if you never reach $10.00 you never pay as far as I understood. that what the Q & A said