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New here and overwhelmed...house has sell date and trying to modify :(

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    #16
    Originally posted by electricdoc View Post
    We are meeting with an attorney tomorrow at 1:30 and are prepared to file tomorrow...she doesn't seem concerned about the time crunch. If she can't do it I have another attorney lined up to meet with on thursday who specializes in "emergency filing" and his assistant didn't seem to think it'll be an issue.

    I feel sick.
    great! well then if you get the chapter 13, they will work out the payments for the house up to 60 months which would be a big relief for you, i'm certain. i know how difficult this is for you now, it will be much better once you can get this filed. this is going to be ok now that you have someone to get that done for you. it would GREAT if they can get it done in time to stop the sale of the house. wow, specializes in emergency filings, exactly what you need. just make sure you bring all your paperwork which it sounds like you'll all ready.

    i'm with Pj...i'll be keeping you in my thoughts and prayers. let us know how you make out!
    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

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      #17
      thanks.

      We are frantically getting everything we need/may need...this is all so overwhelming.
      Got behind with mortgage due to high risk pregnancy. Went through nightmare with Citimortgage trying to modify loan and they started foreclosure. Filed BK 13 ONE day before sale date of house. Feeling nervous but hopeful

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        #18
        Originally posted by electricdoc View Post
        thanks.

        We are frantically getting everything we need/may need...this is all so overwhelming.



        you can do it!!!
        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

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          #19
          Been following this thread and wanted to tell you my thoughts are with you.

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            #20
            so another update....we met with the lawyer today. We told her our story and she is drafting our chapter 13 tomorrow. We will file either friday or monday...she doesn't seem even the bit nervous about filing the day before the foreclosure sale. Makes me nervous but oh well. She said it's electronic filing and all she has to do "is push a button". We were able to fill out the billion intake forms and we have all of the statements she needed already (from trying to do the loan modification with Citi we already had everything basically).

            I don't know what our payments will be yet or anything.

            Our lawyer actually called Citi today and requested she speak with their attorney and the head of mitigation and is requesting a payment plan so we can avoid chapter 13. She is requesting that we give them $1000 tomorrow and then $1000 a month until we get our tax return. Once we get our return we will pay the rest of the arrears and legal fees.

            So I am hoping that they agree to that instead of making us file chapter 13. We "only" owe them $7000. I would think they would rather get their money now and paid in full in 6ish months instead of having to wait for a discharge of our chapter 13.

            Wish us luck that the attorneys can work something out instead!
            Last edited by electricdoc; 10-10-2012, 03:27 PM. Reason: silly spelling error
            Got behind with mortgage due to high risk pregnancy. Went through nightmare with Citimortgage trying to modify loan and they started foreclosure. Filed BK 13 ONE day before sale date of house. Feeling nervous but hopeful

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              #21
              sounds like a "plan". i hope she can get it done. that way you don't have to file for the chapter 13 and it will save you even more money, although, paying the atty is absolutely needed so this can all be done correctly.

              yes, most bk's are now filed via electronically and that will be excellent even tho it's really cutting it right down to the wire! sounds good!! sounds like HOPE to me!
              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

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                #22
                Sending positive thoughts your way.
                It is preposterous for Citi to put you into this situation over this amount of money.
                KEEP US POSTED

                Keep On Smilin'

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                  #23
                  So my update on the update?? lol

                  It's filed.

                  ::deep breath::

                  I just got off the phone with the attorney's office and she said it's been filed and she just got off the phone with Citi's attorney. I asked if the house won't be sold tomorrow and she said "no".

                  We are now in a 3 year plan and I feel oddly good. I'm looking forward to being debt free!!!
                  Got behind with mortgage due to high risk pregnancy. Went through nightmare with Citimortgage trying to modify loan and they started foreclosure. Filed BK 13 ONE day before sale date of house. Feeling nervous but hopeful

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                    #24
                    You might want to check your county's sheriff's sale website and see if you can find the listing and hopefully see it was cancelled.
                    It might be done differently where you live, maybe someone else would know.

                    Wow, talk about getting in in under the wire!! Congratulations!

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                      #25
                      is that 3 year plan confirmed. i mean, i really no very little about chapter 13's, since we were a no asset 7...but is it really that easy?
                      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

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                        #26
                        Originally posted by tobee43 View Post
                        is that 3 year plan confirmed. i mean, i really no very little about chapter 13's, since we were a no asset 7...but is it really that easy?

                        it's not confirmed yet so for now it's a 3 year plan with the monthly payment that my attorney proposed....but it very well could change after the trustee gets involved. From what I understand so far the trustees that my lawyer has worked with are pretty laid back and she said sometimes they won't object to anything. Sometimes they do. My 341 meeting should be in a couple weeks but I don't have a set date yet. After that the plan should get confirmed within a couple weeks after that.

                        I am hoping we get an "easy" trustee but with our luck we won't lol.
                        Got behind with mortgage due to high risk pregnancy. Went through nightmare with Citimortgage trying to modify loan and they started foreclosure. Filed BK 13 ONE day before sale date of house. Feeling nervous but hopeful

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                          #27
                          Originally posted by electricdoc View Post
                          it's not confirmed yet so for now it's a 3 year plan with the monthly payment that my attorney proposed....but it very well could change after the trustee gets involved. From what I understand so far the trustees that my lawyer has worked with are pretty laid back and she said sometimes they won't object to anything. Sometimes they do. My 341 meeting should be in a couple weeks but I don't have a set date yet. After that the plan should get confirmed within a couple weeks after that.

                          I am hoping we get an "easy" trustee but with our luck we won't lol.

                          i really think the most important point here is you got it done!!!!! wow, that atty is impressive that's all i can say! i would also do as Pjmax suggests and check the cty web site, i know many are different through out the country, but just make certain it's been updated. i know someone that even called them to make certain.
                          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

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                            #28
                            Originally posted by tobee43 View Post
                            is that 3 year plan confirmed. i mean, i really no very little about chapter 13's, since we were a no asset 7...but is it really that easy?
                            If the debtor's income is below median for their state and household size, the plan can be 3 years assuming the debtor can show enough disposible income to pay all arrearages on secured debt, to pay for any non-exempt assets and to pay trustee fees and attorney fees included in the plan. If DMI is not high enough to pay those things, the plan can be extended up to 5 years to allow all of those things to get paid.
                            LadyInTheRed is in the black!
                            Filed Chap 13 April 2010. Discharged May 2015.
                            $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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                              #29
                              We got an overnighted letter from the attorney's office for Citimortgage and it states the foreclosure sale was cancelled! I knew she filed in time but I was still scared something would happen.

                              Phew. Now on to working out all the details of the chapter 13 and get through it!
                              Got behind with mortgage due to high risk pregnancy. Went through nightmare with Citimortgage trying to modify loan and they started foreclosure. Filed BK 13 ONE day before sale date of house. Feeling nervous but hopeful

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                                #30
                                Originally posted by LadyInTheRed View Post
                                If the debtor's income is below median for their state and household size, the plan can be 3 years assuming the debtor can show enough disposible income to pay all arrearages on secured debt, to pay for any non-exempt assets and to pay trustee fees and attorney fees included in the plan. If DMI is not high enough to pay those things, the plan can be extended up to 5 years to allow all of those things to get paid.
                                thanks so much for that clalification LITR. chapter 13's are like enigmas to me other that what i read here on the forum. which has been so much about confirmation etc. i just couldn't understand how that fly so quickly. but what your saying is it's rather like a "base" line to begin with...right?
                                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

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