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Our Story - Need to file CH7

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    Our Story - Need to file CH7

    Hi - I'm new here. I've been on the site a few times over the past few months, but I've never posted. Here's our complicated story (and long - sorry). Would love advice. Thank you in advance. God bless.

    My husband and I live in FL. In Dec. 2008, we walked away from our home to move 2 hrs north to live next door to my in-laws (FIL has cancer). After the move, I was the only one w/any income (DH was going to be a farmer).

    We had stopped paying all CC and our house went into foreclosure. We cashed out our 401K's and planned to try to build a house ourselves on our in-laws' land (w/about $20,000 from 401K's). We moved in w/the in-laws and started the homebuilding process, but about a year into it, we were still at the foundation part and everything went downhill.

    Something traumatic happened to our son and we decided we could not live there. With the money we still had left, we bought a $13,000 travel trailer to live in temporarily. We lived in it for 8 months until we could relocate near other family. We have since found a place to rent and are currently both employed.

    I will be leaving my job due to a long commute and to homeschool our son. We still have not filed our CH7. During this 2.5 year period, we have had no contact w/our creditors (kept our heads in the sand). Our home was foreclosed, we surrendered two vehicles (we purchased a cheap vehicle at auction from 401K $$ and I am driving one from a buy here, pay here place).

    Last week, we were served papers for one of the vehicles. We have been holding off on filing b/c we make just above the means level and since I won't be working full-time much longer (plan to do some freelance work), we should qualify then. I am concerned that a garnishment could happen before we get to file. How long does that process take?

    We also received a 1099 this year on our house, but it's not a 1099-C. What does this mean? Our house was WAY upside down - do we have to pay tax on that difference? The house has not sold that I know of. We have made MANY mistakes that we will NEVER make again. I just want to get the chapter 7 behind us.
    Last edited by AngelinaCat; 02-17-2011, 08:33 PM. Reason: readability issues

    #2
    Well a short answer. The 401K I am against your using it but I understand. I made that mistake and you too will regret it.

    The camper was a good idea is it paid for and do you still have it? Keep it.

    They cannot garnish anything unless they get a judgment against you. Don't allow this to happen. Bk fast. Check your county records and you can do this online in FL.

    I understand the home schooling in this day and age, but keeping a job is good. Weigh that a bit.

    So far, you are better off than most. Hang in there. Get the C7 book download from Nolo Press. Worth the money big time. I wish you well. You are doing fine. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      If you want to omit your income, you'll need to wait 6 months after you leave your job -- by which time you may have a judgment and wage garnishment. Being over median does not necessarily mean you can't file Ch7, though; DH and I did it successfully. Now would be a good time to start interviewing BK attorneys to find out what your options are.
      DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

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        #4
        If it wasn't a 1099C - what was it?

        Comment


          #5
          Hi girlgator,

          For the 1099, go to the IRS website and get the instructions for the debtor (there are a separate set of instructions for creditors) There are several exceptions that allow you to exclude 1099-C income.

          For the BK part, get the NOLO book ACH recommended www.nolo.com After you scanned over the process, find an online means-test calculator, someone mentioned one at legalconsumer.com ...I think it was them, not sure...anyhow plug some numbers in and see where you are on the means-test. You said you were "just above means level" ...was that with deducting all your expenses from the income?

          On the judgment lawsuits, research the Fla process, see where the waiting periods are, figure out places where you can request something, or ask for more time to do something. After the judgment lawsuit, the creditor has another set of hoops they have to go through, research Fla rules for garnishment and bank levy. By putting your foot in every step of the way, you can drag the judgment lawsuit business out long enough to get the BK filed.

          Well, seems like you have your hands full, keep posting, lots of good folks here to help out!

          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

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