Filed: 12/20/2019
341: 3/12/2020
Confirmation 3/20/2020 100% plan
Hi, everyone. This forum was a haven for me about a year and a half ago as I was preparing to file. I was scared, ashamed, frustrated, depressed, and anxious. I got lots of support, useful information, and good advice here. Hopefully someone reading will get some benefit from my story.
I live in California which is a community property state which means my husband's debts are included in the BK plan (kind of) but his name is not included in the filing, and the BK doesn't show on his credit score. His individual debts may show up on his credit report as being part of a BK but I haven't pulled his credit report so I don't know for sure.
NONE of his creditors submitted a proof of claim. When this happened, I thought we were off the hook and would not be required to repay those debts. Under the advice of our attorney, we were told that the creditors who owned those debts could pursue them once the BK was completed since my husband didn't officially file. Confusing, right? Anyway, we ended up choosing to file proofs of claim on behalf of my husband's creditors to avoid having them come after us once the BK was completed. It took several months to get this worked out. In the meantime, I made the monthly payments for the full amount of all our debts. Once all his proofs were filed (by us) and accepted by the Trustee, we were able to tally up the total proofs of claim. Several of my creditors also failed to file proofs of claim so we were able to be relieved of the obligation of paying them back. The monthly payment amount was adjusted downward by over $400/month which was very nice!
I've now made 13 payments, with 47 left to go. The 14th payment will be pulled either today or Monday -- I'm not sure what day it will be see the official draft day is supposed to be the 20th of each month, and the 20th is on a weekend this month.
We have been extremely fortunate over the last year. My husband is still employed and just got a raise. I was out of work for 3 months due to the pandemic but I was able to collect unemployment and we were able to keep up with the Trustee payments without difficulty.
One very interesting thing that happened was we were proactively approached by the bank that holds our mortgage (Wells Fargo) about forbearance. Because we are current with mortgage payments we were eligible to completely stop making mortgage payments for 7 months. Those 7 months' worth of payment are being tacked to the back end of our loan with no added interest. Should we sell the house or refinance we will be required to repay that amount but otherwise we essentially got a mortgage payment holiday for 7 months. This was HUGELY helpful -- we were actually able to save up several thousand dollars as an emergency cash cushion and this makes me feel so much safer. The reason we were able to take advantage of this program was because my husband's name is not on the BK, and his is the only name on the mortgage loan. If he had filed BK with me, we would not have been eligible for this plan, so again I am very appreciative and thankful for this.
I have started keeping track of money a lot better than I ever did before. One thing I do is keep track of the money in my IRAs on a daily basis. Lately I started keeping track of the difference between my retirement savings compared to the amount still owed to the Trustee. Within a month or two, this metric will likely be in the positive numbers which thrills me more than I can say! At least on paper, I won't be in the negative! This feels amazing and so freeing.
When we were in the middle of getting ready to file I couldn't imagine feeling to lighthearted and free about money. This past year hasn't been easy but it has been a tremendous learning experience and I am grateful for it.
Looking back, the only thing I would do differently is to file MUCH, MUCH sooner. I wish I had filed for BK several years before we did, instead of spending those years with a chronic knot of worry in my stomach.
341: 3/12/2020
Confirmation 3/20/2020 100% plan
Hi, everyone. This forum was a haven for me about a year and a half ago as I was preparing to file. I was scared, ashamed, frustrated, depressed, and anxious. I got lots of support, useful information, and good advice here. Hopefully someone reading will get some benefit from my story.
I live in California which is a community property state which means my husband's debts are included in the BK plan (kind of) but his name is not included in the filing, and the BK doesn't show on his credit score. His individual debts may show up on his credit report as being part of a BK but I haven't pulled his credit report so I don't know for sure.
NONE of his creditors submitted a proof of claim. When this happened, I thought we were off the hook and would not be required to repay those debts. Under the advice of our attorney, we were told that the creditors who owned those debts could pursue them once the BK was completed since my husband didn't officially file. Confusing, right? Anyway, we ended up choosing to file proofs of claim on behalf of my husband's creditors to avoid having them come after us once the BK was completed. It took several months to get this worked out. In the meantime, I made the monthly payments for the full amount of all our debts. Once all his proofs were filed (by us) and accepted by the Trustee, we were able to tally up the total proofs of claim. Several of my creditors also failed to file proofs of claim so we were able to be relieved of the obligation of paying them back. The monthly payment amount was adjusted downward by over $400/month which was very nice!
I've now made 13 payments, with 47 left to go. The 14th payment will be pulled either today or Monday -- I'm not sure what day it will be see the official draft day is supposed to be the 20th of each month, and the 20th is on a weekend this month.
We have been extremely fortunate over the last year. My husband is still employed and just got a raise. I was out of work for 3 months due to the pandemic but I was able to collect unemployment and we were able to keep up with the Trustee payments without difficulty.
One very interesting thing that happened was we were proactively approached by the bank that holds our mortgage (Wells Fargo) about forbearance. Because we are current with mortgage payments we were eligible to completely stop making mortgage payments for 7 months. Those 7 months' worth of payment are being tacked to the back end of our loan with no added interest. Should we sell the house or refinance we will be required to repay that amount but otherwise we essentially got a mortgage payment holiday for 7 months. This was HUGELY helpful -- we were actually able to save up several thousand dollars as an emergency cash cushion and this makes me feel so much safer. The reason we were able to take advantage of this program was because my husband's name is not on the BK, and his is the only name on the mortgage loan. If he had filed BK with me, we would not have been eligible for this plan, so again I am very appreciative and thankful for this.
I have started keeping track of money a lot better than I ever did before. One thing I do is keep track of the money in my IRAs on a daily basis. Lately I started keeping track of the difference between my retirement savings compared to the amount still owed to the Trustee. Within a month or two, this metric will likely be in the positive numbers which thrills me more than I can say! At least on paper, I won't be in the negative! This feels amazing and so freeing.
When we were in the middle of getting ready to file I couldn't imagine feeling to lighthearted and free about money. This past year hasn't been easy but it has been a tremendous learning experience and I am grateful for it.
Looking back, the only thing I would do differently is to file MUCH, MUCH sooner. I wish I had filed for BK several years before we did, instead of spending those years with a chronic knot of worry in my stomach.
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