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Not sure if I should file. Please help

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    Not sure if I should file. Please help

    We owe 45kish in cc debt.

    Our house was foreclosed on for 50k less than we owed.

    My husband makes more than the median income for a family of 4.


    I feel like if we file, we'll be paying back 100% over 3-5 years, and not be able to handle the ups and downs of life. (our rent will go up by about 800 bucks in May next year. We had problems with our old apartment so they moved us and gave us a cheaper rate) Not only that, but I don't know what the allowable for rent is in my area or how to find it. I'm scared that it will have us living in the slums with terrible schools, etc.

    I also feel like I could work out an arrangement with each of the creditors for less than 100%. If discover wanted 40% I could pay them 550 (and still be able to put some in savings) a month for 6 months and be done with it. Right? Done. done.

    Then one by one, pay off the other 3.

    But what about the foreclosure. I read here- http://www.foreclosurelaw.org/Kentuc...losure_Law.htm

    that if we responded to the case they can't come after us for the difference. Something is telling me I'm reading that wrong. They have to be able to come after me, right?

    #2
    Originally posted by lovemybugs10 View Post
    But what about the foreclosure. I read here- http://www.foreclosurelaw.org/Kentuc...losure_Law.htm

    that if we responded to the case they can't come after us for the difference. Something is telling me I'm reading that wrong. They have to be able to come after me, right?
    I think you're reading it wrong.

    It says If they serve you or if you don't answer the summons, you can be pursued for the deficiency. Frankly I would not rely on that website anyway. Find something more authoritative. Legal Aid society for your state would be more credible.

    Comment


      #3
      Even if I'm reading it wrong- and I agree what I am- I'm not sure it makes sense for us to file. We have good income, and would be stuck paying 100% and that would put us at 1400 for 5 years. or 2200 for 3 (we wouldn't be able to afford that)

      Comment


        #4
        Why do you think you will be stuck paying 100%?

        Do some research on this site. There are many posters with above median income that do not pay 100%. How much you pay is directly related to your disposable monthly income and the liquidation value of your BK estate. HHM has a good sticky on that http://www.bkforum.com/showthread.php?t=34708

        You may not need to file BK, but you will never know unless you actually work your budgets using real figures. Fill out your schedules too to get a more accurate idea if BK is for you or not. Interview attorney's to get accurate information regarding your states BK statutes. Go to this link to see the BK allowances permitted in your state for various catagories: http://www.justice.gov/ust/eo/bapcpa...anstesting.htm
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

        Comment


          #5
          My dmi each month puts me right where it would take 5 years to pay off 100%

          Comment

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