Ready for filing next week, just quick question. I have an upside down mortgage but I'm am not going to reaffirm and current on 1st mortgage but late since August 09 for 2nd both BofA. I will negotiate the 2nd later after discharge. I have a pending modification from NACA and NACA said just write a letter that they can still negotiate while in "automatic stay" same thing with BofA and lawyer agreed. Now, since I do not have an equity for my homestead can I use system 2 and apply my expected tax refund as wild card under 703.140(b)(5)? I did a lot a search for this just making sure I am on the right track. Thanks in advanced.
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File BK7: Jan 4, 2010
Reschedule 341: Mar 16 2010
Discharged: Apr 22 2010
Closed: May 6, 2010
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do you need that payment on your 2nd to qualify to file Ch-7 ?? If so you better be careful, if the trustee sees you have not been paying it, he could dis-allow the expense, with the assumption you wont be paying it in the future. he can use this as a basis for trying to convert you to a Ch-13.Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7 -
Even though past due is $850.00 something. I think I will pay this month to be safe. Thanks.Originally posted by albacore44 View PostFile BK7: Jan 4, 2010
Reschedule 341: Mar 16 2010
Discharged: Apr 22 2010
Closed: May 6, 2010Comment
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