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Questions about Mortgage and Cars in Chapter 7

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    Questions about Mortgage and Cars in Chapter 7

    We wll be filing chapter 7 on September 15. CC's will be three months behind, Mortgage will be 1-2 months and vehicle will be 1 month behind. I plan on making like 1/3 of a pyament on the morgtage soon.

    We do want to try to keep the house and one car...however I can't afford these payments as they are now. I am trying to get the mortgage remodified and the the bank with the car note said they would not do anything because the vehicle is in my husband's name and he does not have a job. I probably could not get a loan with all my debt and much less now that I am behind in payments.

    Hubby does have some money in a retirment plan, but has no job.
    The pargalegal stated that once we file we will have to get the court's permission to do anything with the mortgage and car payments.

    The six month period in which we qualify for chapter 7 is March to August.

    Any suggestions on what I should do, need to do?
    The paralegal doesn't give much advice on what I need to do. Also we have applied for disability for hubby, paralegal said that would not be included in our income, but never know when that will come through.

    #2
    loan mod odds

    Hi nomore,

    "We do want to try to keep the house and one car...however I can't afford these payments as they are now."

    If you can't afford the payments, best thing is to leave the house and car behind and get into something you can afford.

    The odds on getting a decent loan mod. are not good. For every person who gets one they can afford, there are 20 who don't. Don't count on it.

    Be careful.....
    Remember if you reaffirm (sign papers w/ the lender, not just mark the box on your bk forms) you become legally liable for the debt. If things get worse down the road and you can't pay, they can foreclose/repo and if the sale doesn't pay the whole amount owed, you get sued for the difference.


    "The six month period in which we qualify for chapter 7 is March to August."

    huh? This doesn't sound right....I think the means test requires a year....

    Tom in Colo
    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

    Comment


      #3
      correction

      ooops! Correction, the means test IS last 6 months income. My bad....

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

      Comment

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