top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Planning on filing but a little confused still

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Planning on filing but a little confused still

    Have been reading here and trying to figure out what to do. I saw one lawyer yesterday but my mind was wandering and the information was a lot to take in. I will be seeing a few more, at least.

    I don't have any interest in keeping my house, bf is buying a house soon so we will have a place to live. I am current as of now, I am going to stop making the payments, but I'm still confused, will the mortgage be discharged in a 7? I don't need to try and get it to foreclosure do I?

    Also have a 2nd mortgage with my credit union, payment isn't due for 3 months and I don't plan on resuming. CC somehow got put on autopay after it hadn't been for 6 months, so this month got paid but I won't be paying again.

    I guess my plan is stop paying everything, save up to pay a lawyer and in 3-6 months I will file. My main income is social security which I know is exempt. I can save however much I can and not have to worry about that, right? It will not even be in a bank account, more like a SS account. I do have a job that basically pays for mine and my daughter's health insurance so not much addition to the income.

    The lawyer I saw says my car can be kept even though it is probably worth more than twice the exemption (2500 in UT), we would go to an auctioneer and get a value and then if there is still a difference I could pay the trustee. Does this sound like something that is normally done? I really don't want to lose my car since it is paid off.

    #2
    Originally posted by wabbit View Post
    Have been reading here and trying to figure out what to do. I saw one lawyer yesterday but my mind was wandering and the information was a lot to take in. I will be seeing a few more, at least.

    I don't have any interest in keeping my house, bf is buying a house soon so we will have a place to live. I am current as of now, I am going to stop making the payments, but I'm still confused, will the mortgage be discharged in a 7? Yes I don't need to try and get it to foreclosure do I?Yes, you do. Mortgage discharge and foreclosure are separate items, one addresses the loan, the other title. They are also governed by different laws and do not affect each other.

    Also have a 2nd mortgage with my credit union, payment isn't due for 3 months and I don't plan on resuming. CC somehow got put on autopay after it hadn't been for 6 months, so this month got paid but I won't be paying again.

    I guess my plan is stop paying everything, save up to pay a lawyer and in 3-6 months I will file. My main income is social security which I know is exempt. I can save however much I can and not have to worry about that, right? It will not even be in a bank account, more like a SS account. I do have a job that basically pays for mine and my daughter's health insurance so not much addition to the income.

    The lawyer I saw says my car can be kept even though it is probably worth more than twice the exemption (2500 in UT), we would go to an auctioneer and get a value and then if there is still a difference I could pay the trustee. Does this sound like something that is normally done? I really don't want to lose my car since it is paid off.I am confused, you state CA on location but UT on your car exemption. Can you clarify please?
    In addition to what is bolded above, welcome to the forum. Please continue seeing various attorneys until you find "the one". Always feel free to ask and we'll all try to pitch in!
    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

    Comment


      #3
      I am in Utah, that was wrong on my profile. So I do need to wait until the house is foreclosed to file?

      Comment


        #4
        Oh no, I filed and my house is not foreclosed. You can file before foreclosure. Foreclosure comes months or years later depending on your state.
        Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

        Comment


          #5
          You can file before foreclosure. I think I might have misunderstood your question. I thought you were asking if the discharge eliminated the need for the foreclosure to get your name off the title.

          As far as your car, that sounds pretty common and reasonable.
          Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
          AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

          Comment


            #6
            Originally posted by ccsjoe View Post
            In addition to what is bolded above, welcome to the forum. Please continue seeing various attorneys until you find "the one". Always feel free to ask and we'll all try to pitch in!
            yes, i am a bit confused as well....and welcome to bf!

            but about the mortgage...no you do not need to be in foreclosure to file....but if you intend to surrender then i would stop paying asap.

            does utah allow you to go federal or state or either exemptions....???
            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

            Comment


              #7
              Originally posted by tobee43 View Post
              does utah allow you to go federal or state or either exemptions....???
              UT does not allow federal exemptions
              Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
              AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

              Comment


                #8
                Originally posted by ccsjoe View Post
                UT does not allow federal exemptions
                i thought maybe that was the reason for car situation....somehow...but i don't know utah...maybe they have a "wildcard" exemption...i don't really know?

                PLUS GET dressed!!!! LOL!!!!
                8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                Comment


                  #9
                  I know, joe! Don't be late!
                  Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

                  Comment


                    #10
                    Originally posted by drowning123 View Post
                    I know, joe! Don't be late!
                    LOl!! drowning....i think we are both more worried about him than he is!!!!!!!!

                    i just want it OVER for him and his family so they can get that new start....
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment


                      #11
                      I agree, Tobee!
                      Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

                      Comment


                        #12
                        well...we are just going to hae to wait until joe let's us know what happened today...

                        i'm sure it will be fine...)
                        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                        Comment

                        bottom Ad Widget

                        Collapse
                        Working...
                        X