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    Help Needed: My mother is planning on filing

    Hello everyone. This is my very first post here. I have been doing a lot of reading and feel comfortable enough to make this thread.

    I am writing for my mother. My mom is a 59 year old teacher in GA. She was a stay-at-home mom for many many years, so she really doesn't have much money socked away. She is in her 9th year of teaching. After 10 years in GA, she will be vested. Right now, she has $19,000 in a 403(b). She brings home about $3100 a month after taxes.

    She owns a home worth about $110,000. She owes about $130,000 on the first and $14,000 on the second. Both payments combined, as well as taxes and insurance add up to about $1600 a month. She is currently late on her $450 HOA payment.

    She has about $15,200 in unsecured debt, most of it in the mid-high 20% range. We called a few companies earlier this year to negotiate lower rates so she can at least pay off some principal. They didn't agree. So it got me to thinking: Wouldn't she be better off to just do a CH 7?

    Here is my rationale: She is getting up there in age. She will have to work 11 more years to retire at 70 with 20 years of service. Instead of throwing away $500 in monthly unsecured debt payments and $1600 in mortgage payments, why not just save that money for retirement? My plan was as follows: 1. Stop paying everything immediately, except for the student loans. 2. Max out the Roth IRA at $500 a month. 3. Put about $750 a month into the 403(b) account (above what her employer currently puts in). 4. Use the rest of the money for only necessities. 5. Put about $200 a month in a Money Market Account. 6. After about 5 months, file BK CH 7. 7. Continue to stay in the home until she is forced to leave.

    She can get a decent apartment for about $750 a month. This would save her about $850 a month. Also, she wouldn't have to worry about repairs (which her home needs a lot of) and she wouldn't have to worry about stairs (she will need a knee replacement soon). I know her credit will be ruined by the lates, the BK, and the foreclosure. But by then, she should have thousands saved up in her Roth (which would be protected) and some in her MMA.

    My questions are:

    1. Does my plan sound like a good one?
    2. Is there anything we should tweak?
    3. In GA, how much money could she have in liquid accounts?
    4. Her 2004 Sentra (85k miles) is paid off, what will happen to it?
    5. Should she trade her current car in and get a new one with the rebates and the tax credit (something she can drive for at least 8 years) before her credit is ruined?
    6. Does BK really make you feel like a loser? How has it affected your life?

    I am so worried about my mother. When she was broke and didn't have a job, we were ok. But her and my dad divorced in 2003 and she got a job and went back to school and that's when things started happening. She bought the home and had to buy appliances (on credit because she was broke). I had an incident last year and she had to come see me (on credit). She is just sick and tired of being sick and tired. I just want her to be OK. I want her to be comfortable with the decision she is about to make. Someone please tell me what I can say to her to make her feel comfortable doing it.

    Thank you so much for reading my long post. This has been the only thing on my mind. Please help. Thanks a million!

    #2
    While the current amounts in the IRA would be exempt in Georgia Law the trustee can and possibly would object to continued contributions to it over paying creditors.

    List of Georgia Exemptions:

    Georgia bankruptcy exemption laws help you keep property in bankruptcy. Learn how the Georgia bankruptcy exemptions can protect your property.


    I suppose you could exempt up to 600 dollars in a bank account or up to the unused household good exemption but you'd need to consult a lawyer.

    The car I'm sure has more than 3500 equity in it if its paid for. Most likely she'd lose it in the bankruptcy unless it could be exempted with the leftover homestead value.

    My suggestion would be to consult 3-4 lawyers in your area and ask for options.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      JRScott, thanks a million.

      I hear so many different opinions. I always hear people saying: "Once you know you are going to file, stop paying. Live rent free..." But if you are living rent free, where are you supposed to keep that money if you aren't supposed to have it in liquid accounts? What are you supposed to do about a car if it is your only one?

      This is all confusing. I have read so much about BK the past few days and get more confused. LOL

      I will speak with a few lawyers in her area next week. I will ask everything I asked here. Thanks again.

      Comment


        #4
        I think she may run into a problem with to much DMI.
        Chapter 7 07/30/2008
        341 09/17/2008
        Discharge 11/21/2008

        Comment


          #5
          TEW, here are her debts and estimated monthly bills:

          Account Balance Interest

          CitiMortgage (1st) $131,261.07 6.875%
          Beneficial (2nd) 12,985.72 14%
          Wells Fargo 540.83 14.99%
          Wells Fargo 4,901.06 24.25%
          Sears Card 1366.65 23.24
          Sears Gold Master 397.98 23.24
          Citifinancial 7,878.49 27.99
          Nelnet (SL) 18,500 6.8
          Direct Loans (SL) 6,418.09 ?
          BB&T 2246.57 5.99


          Bills:
          Car Ins. $112/mth
          Car gas 125/mth
          Scana 60/mth
          Georgia Power-lights 80/mth
          Food 500/mth
          Clothes 50/mth
          Med/Dental Co-pay 50/mth
          School activities/supplies 50/mth
          Hair care 50/mth

          Comment


            #6
            Her mortgages, student loans, and unsecured loans are about $2300 per month. She brings home $3100.

            I believe she passes the means test (about $45,000 a year with a teenager in the home).

            Comment


              #7
              You state she has a teenager in the home...is that you and do you work or go to school full time and work part-time or not work at all? Secondly, it needs to be determined if your mother is truly insolvent (broke) and can file bankruptcy. What she (and you) need to do is put together a complete listing of all monthly payments, bills, listing of assets, recent paystubs, sources of ALL household income and copies of your household's most recent state and federal tax returns. Get a few free consultations with some BK attorneys in your area and you will find out exactly where this all stands, whether or not she can file and what Chapter. It just sounds to me that she just cannot afford to keep the house anymore and should look into a modification and/or selling the house if possible or just walking away. If she walks away she will have a lot of disposable income without the payment of the mortgage.

              Also, any income from you is considered household income since you live there. Make sure you provide that inforomation to the attorney and/or if your mother is receiving child support for you from her ex-husband. That also needs to be disclosed.
              Last edited by Flamingo; 12-26-2009, 07:31 AM. Reason: spelling
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

              Comment


                #8
                Thanks Flamingo.

                I live in Texas. My cousin is the one who lives with her. He is 18. He gets social security from his mother's death to the tune of about $800 a month (in his name only). I believe it stops once he graduates (if he doesn't go to college).

                In the past year, she has basically paid down no principal on anything (except the house). So she is stuck right now.

                Does it look bad if you stop paying on the house and bank that money in retirement instead? Is it a bad idea to pay on nothing for 5-6 months THEN file or to just file first?

                Thanks.

                Comment


                  #9
                  Originally posted by GoodSon View Post
                  Her mortgages, student loans, and unsecured loans are about $2300 per month. She brings home $3100.

                  I believe she passes the means test (about $45,000 a year with a teenager in the home).
                  please remember you have to use gross figures for income, not net. If 3100 is take home, her figures will be different. I'm assuming she probably makes at least 4,000 a month (probably more)..

                  legal consumer has a good means test that i would encourage you to use

                  It will have you input her gross income, and monthly expenses- and breaks everything down so you don't forget something.
                  Filed Pro Se: 10/16/2009
                  341 Scheduled: 11/23/2009
                  Last Day for Objections: 1/22/2010
                  Discharged: 1/28/2010

                  Comment


                    #10
                    As far as income is concerned, do paychecks come in only during the school year, or do paychecks come in year-round?
                    C7 Filed: 2009-11-06 | 341: 2009-12-14: | DISCHARGED: 2010-02-09
                    Condo: Walked away due to 2nd mortgage intransigence; 1st foreclosed. Now totally DEBT FREE!!

                    Comment


                      #11
                      They come year round once a month.

                      Comment


                        #12
                        I see Wells Fargo on here. (RED FLAG) If she has loans and her checking/saving accts with the same bank they could and most likely will freeze her accts. Keep that in mind. Get her dollars in a safe unrelated bank or credit union.
                        Making financial failure my teacher, not my undertaker!
                        Ch7 Filed 9/23/09
                        341 11/05/09
                        01/07/2010 Discharge!!

                        Comment


                          #13
                          Bren, she banks with a credit union.

                          Comment


                            #14
                            Your cousin's $800 per month that is living with her would be considered household income. By any chance is she claiming him as a dependent on her tax returns? Has an appraisal been done on the house to get the actual value? I would suggest doing what I suggested in my initial posting to you. Have your mother make an appointment and take all that information in with her to determine what she can or cannot do. Your mother will have a lot of disposable income after stopping mortgage payments and probably would not be able to file bankruptcy if she lets the house go. She does not have that much unsecured debt. And there is the added household income with your cousin living there.

                            Have her get some consultations with BK attorneys in her area.
                            _________________________________________
                            Filed 5 Year Chapter 13: April 2002
                            Early Buy-Out: April 2006
                            Discharge: August 2006

                            "A credit card is a snake in your pocket"

                            Comment


                              #15
                              Thanks Flamingo. We contacted a BK attorney last summer. She will meet with her next week.

                              One more thing: Without the $800 a month, she qualifies under the means test. The $800 is scheduled to stop being provided after he graduates HS.

                              Comment

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