Here is our situation and I was hoping that I could get some advice prior to seeking a lawyer and what Chapter if any we should pursue.
My husband and I plus our two children (under 18), we live in Virginia
1st mortgage with CitiMortgage (current, HAMP approved Sept 2010) balance $275K
2nd mortgage with Wachovia (Wells Fargo) stopped paying in Oct 2009 received notice from lawyers office with a lawsuit for the balance of $32K in June 2010
3rd mortgage/"loan" with Dyck O Neal for $5K. Not secured or lien placed on the home. When we were experiencing hardships CitiMortgage let us skip 3 payments in an attempt to avoid foreclosure and gave us the option of paying back the payments through Dyck O Neal for $43.92 a month.
We currently do not know what the appraised value of the home would be but I imagine based on other comps in the area we would be around $300K.
Approximately $25K in unsecured credit card debt (current on monthly debt consolidation plan with Care One Credit for $785 per month)
Car loan of $14K vehicle worth about $9K. I plan to keep the car.
Repossessed car in December 2009 with a lawsuit for $4,500 with Ford Credit
Federal income taxes owed from 2008 for $1,895
Student loan debt of $5,200
I know that the student loan and the federal income taxes owed can not be discharged in either a 7 or 13.
Ok so now for the questions:
1. I am thinking that we should not have our first mortgage reaffirmed since we were just approved for the HAMP program and we can afford the $1400 a month mortgage including tax and insurance. What do we do about the 2nd? I tried working with Wells Fargo on several occassions to come up with a repayment plan or modification with no luck. From reading the forum if we go with a Chapter 7 we can not strip the 2nd even though it is pending lawsuit with a lawyers office it is still secured with a lien on the house. Do we try to negotiate again with Wells Fargo or do we let it go and try to somehow offer a settlement in the next year?
2. In the state of Virginia we are offered a homestead exemption of $10K for filing joint. What if our appraisal on the house comes back and we end up with more than $10K equity in the home? Will we lose the house or be forced into a Chapter 13?
3. Will we be able to include the Dyck O Neal and Ford Credit repo in the bankruptcy filing?
My husband is self employed and operates a very small construction company. No assets other than tools and a work van, no employees just himself. For those of you who have filed what type of documenation is required in order to file? He gets paid in cash through his general contractor and we do not file quarterly taxes, only a schedule C at the end of the year.
My salary combined with what my husband makes qualifies us (just barely) to be able to file a Chapter 7. My only concern in this is will we lose our house if we go the route of Chapter 7 and how much are they or do they ask or get into during the 341 meeting/hearing? (concern with my husband's pay/salary being paid in Cash)
My husband and I plus our two children (under 18), we live in Virginia
1st mortgage with CitiMortgage (current, HAMP approved Sept 2010) balance $275K
2nd mortgage with Wachovia (Wells Fargo) stopped paying in Oct 2009 received notice from lawyers office with a lawsuit for the balance of $32K in June 2010
3rd mortgage/"loan" with Dyck O Neal for $5K. Not secured or lien placed on the home. When we were experiencing hardships CitiMortgage let us skip 3 payments in an attempt to avoid foreclosure and gave us the option of paying back the payments through Dyck O Neal for $43.92 a month.
We currently do not know what the appraised value of the home would be but I imagine based on other comps in the area we would be around $300K.
Approximately $25K in unsecured credit card debt (current on monthly debt consolidation plan with Care One Credit for $785 per month)
Car loan of $14K vehicle worth about $9K. I plan to keep the car.
Repossessed car in December 2009 with a lawsuit for $4,500 with Ford Credit
Federal income taxes owed from 2008 for $1,895
Student loan debt of $5,200
I know that the student loan and the federal income taxes owed can not be discharged in either a 7 or 13.
Ok so now for the questions:
1. I am thinking that we should not have our first mortgage reaffirmed since we were just approved for the HAMP program and we can afford the $1400 a month mortgage including tax and insurance. What do we do about the 2nd? I tried working with Wells Fargo on several occassions to come up with a repayment plan or modification with no luck. From reading the forum if we go with a Chapter 7 we can not strip the 2nd even though it is pending lawsuit with a lawyers office it is still secured with a lien on the house. Do we try to negotiate again with Wells Fargo or do we let it go and try to somehow offer a settlement in the next year?
2. In the state of Virginia we are offered a homestead exemption of $10K for filing joint. What if our appraisal on the house comes back and we end up with more than $10K equity in the home? Will we lose the house or be forced into a Chapter 13?
3. Will we be able to include the Dyck O Neal and Ford Credit repo in the bankruptcy filing?
My husband is self employed and operates a very small construction company. No assets other than tools and a work van, no employees just himself. For those of you who have filed what type of documenation is required in order to file? He gets paid in cash through his general contractor and we do not file quarterly taxes, only a schedule C at the end of the year.
My salary combined with what my husband makes qualifies us (just barely) to be able to file a Chapter 7. My only concern in this is will we lose our house if we go the route of Chapter 7 and how much are they or do they ask or get into during the 341 meeting/hearing? (concern with my husband's pay/salary being paid in Cash)
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