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    Anxiety taking over here...

    We have our first consultation appt with an attorney tomorrow and I am so nervous. First, I think it is just laying all this out to someone else. My head knows that this person will have heard similar situations if not worse, but they haven't heard it about me, if you know what I mean.

    As I look ahead at doing this bankruptcy, I am worried about questions I feel like I can't answer well enough or the poor choices we made. When I look back at our situation now, I don't understand why we didn't do more about our financial situation sooner rather than digging ourselves further and further into debt. The whole issue of we should have known at the time of incurring some of our debt that we wouldn't be able to repay it haunts me. We really should have known. I feel like we were just in this type of fog where we were trying to just make it thru each day and not looking ahead. But I am afraid it might look like fraud because anyone with a brain should have seen that we couldn't have paid the money back.

    Our path here really has been due to a mixture of circumstances starting with money spent on infertility tx and adoptions a few years ago, my decision to stay home with our kids for a few years which has turned into long term due to ds being dx with special needs issues, dh having two periods of time off work for medical issues, ongoing medical expenses, the credit card companies raising our rates, the minimums going up, etc along with our not living within our means and adjusting when we should have.

    The bottom line is that we can't go back and change any of it now. I really want us to move ahead and get it right. My husband's health is still pretty precarious and the thought of having all this debt on me alone has me so worried, etc..

    We don't have a lot of luxury items. In fact, when I look at our debt and what we have as assets, it is pathetic. That worries me, too - that someone will think we must have hidden assets somewhere due to how much debt we have. We really don't. We drive older cars, no big tvs. etc. But we did spend money on family vacations which really has been our "escape". I know those were irresponsible charges to have made. I just honestly didn't see it at the time. That whole not looking ahead thing.

    Has anyone been in a similar situation? I am trying to get myself calmed down before the appt tomorrow, so any words of advice would be really appreciated.

    Also, we are below the median income for our state. Under what type of situations might we still have to do a 13 vs a 7. We do have a house (with no equity due to taking out a 125% 2nd mortgage) that we would like to reaffirm. We are current on our payments for that.

    TIA,
    reallynervous

    #2
    Try and relax. Your story is a variation of everyone who has ever filed. I doubt anything you say will shock your attorney.
    My view of bk is pretty hardcore. I don't think about the emotional aspect. In my mind, it was just a business decision. Nothing more-nothing less.
    You'll be just fine. The intial consultation is the starting point for a new beginning.

    Comment


      #3
      If you're below the Median, about the only way you'd have to do a 13 is if you had arrears on Secured property you wanted to keep. If you were behind on your house or your car, you'd have to go 13 to keep those. If you're current, then it's really not likely you'll be forced into a 13. We haven't heard of any such cases here on the Forum at least.

      About your house and reaffirming the mortgages,........... If you had significant equity,.......... Whatever your allowable Exemption is,......... I might be inclined to reaffirm. But since you're in a 125% LTV situation,............ I don't know as I would reaffirm your mortgages.

      You need to sit down and look at your financial situation. Yes, you've had all these other things happen. And you chose, at some point, to convert Unsecured Debt into Secured Debt by taking on a 2nd morgage. But is it possible, that part of the reason you're in this situation is the costs to maintain your home??

      House payments, insurance, taxes, repairs......... All add up. If you weren't making house payments, could you rent elsewhere and live cheaper??

      If you reaffirm and Hubby has another illness spell where he goes without pay, how do you intend to make the house payments?? You'll have no safety net of CC's to help out when you're in a bind.

      Just some random thoughts for you. Things you need to consider before you sign the reaffirmation agreements.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        Oh boy reallynervous, can I relate. Your fears are very normal and we had them as well. We were worried about the debt we took on and wondering if it would look bad because it was obvious that we couldn't really repay. Well, let me ease your mind a little, the Trustee is that all that concerned about how you acquired the debt (unless it's enormous), but rather if you have any assets or money to turn over. Now IMO, if the lender extended you credit or a loan, and the numbers showed that you really couldn't repay it, then shame on them. Let me guess, sub-prime lender (predator), right?

        Once you meet with an attorney, I think you'll be shocked at how this overwhelming feeling you now have almost goes away. You'll feel this huge weight slowly being lifted off your shoulders. Tomorrow, you'll be a completely different person.
        Bankruptcy History:
        Chapter 7 filed - 10/12/2005 - Asset
        Discharged - 02/16/2006
        Case Closed - 11/08/2007

        A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

        All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

        Comment


          #5
          12/12/06 - Filed No Asset Chapter 7 - 85K on CC's
          01/16/07 - 341 drum circle 02/06/07 -US Trustee Review
          03/19/07 - Objection Deadline - 03/21/07 Discharged/Closed
          sigpic

          Comment


            #6
            Thank you for your replies. I am calming down a little now.

            I am going to try harder to not be so emotional about this as I understand that I need to make "business decisions" now that are in the best interest of my family.

            Sinking, thank you for the considerations about the mortgage reaffirmation. Believe me, dh & I have gone back and forth over this issue quite a few times. We have a few issues that would make renting for a few years more of a challenge - 4 pets and also our SN son. At this point, we are leaning towards reaffirming and staying here, but it isn't set in stone yet. The repairs issue scares me the most as if something major were to need to be done, we don't have any fund to tap into. Once we pay for the BK, we will be working on getting our emergency fund in place. That won't cover a really major repair issue, though. The uncertainty of that is what worries me.

            We are current on both mortgage payments and our cars are paid for so hopefully a 7 will be the answer for us.

            ChainSmokin, your post about feeling like OJ Simpson made me smile. I can relate that I am feeling like a criminal in avoiding the creditor calls. I will be glad when this stage is over with.

            Okay, step one tomorrow! Thanks again for your advice & kind words.
            reallynervous

            Comment


              #7
              I understand you have a situation in which you may need to keep your mortgage. But I do work in the mortgage industry, and you can really get into trouble with a 125% LTV on that. I'd seriously consider any and all options. If you were able to find a place to rent, it would probably be best. You can get another mortgage in a few years when you rebuild your credit.

              One very important thing to look at is the terms of your mortgage. Are you on a fixed term, or and ARM? If you're on a loan that's fixed for a certain number of years, then adjustable it could really get you into trouble down the road.

              That being said, take a deep breath and relax. It'll be okay, but I totally understand your nerves over this.

              Comment


                #8
                Originally posted by reallynervous View Post
                Thank you for your replies. I am calming down a little now.
                You are like so many of us here, reallynervous. The nerves, the self-recrimination, the shock of finally admitting you aren't going to be able to climb out of the financial hole...it's overwhelming. It's a very hard step to admit you've made mistakes, but a very necessary one to forcing steps forward to make things better for yourself and your family. The shame and the anger of bankruptcy can be overwhelming at first, but it typically eases over time as the harrassing phone calls stop and you feel more in control of your destiny.

                By hanging out around here, you realize that you are not alone, that most of us here made the same foolish, ridiculous financial mistakes, and (best of all!) we are all doing something about it. Just being here shows you want to change - it's a great start! Welcome to the "I'm doing what I must do to start over!" club! Glad you're here!
                I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                06/01/06 - Filed Ch 13
                06/28/06 - 341 Meeting
                07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                10/05/06 - Hearing to resolve 2 trustee objections
                01/24/07 - Judge dismisses mortgage company objection
                09/27/07 - Confirmed at last!
                06/10/11 - Trustee confirms all payments made
                08/10/11 - DISCHARGED !

                10/02/11 - CASE CLOSED
                Countdown: 60 months paid, 0 months to go

                Comment


                  #9
                  Freshstart,

                  Thanks for sharing your expertise. Both mortgages are fixed, so that is good at least. Can you tell me what the likelihood might be that a few years down the road we might be able to refinance both loans into one? I see that people say you can usually get a mortgage after 2 yrs or so post bankruptcy, but no mention of opportunities to refinance.


                  lrprn,

                  Thanks for your reassuring words. I agree that it is very hard on one's self worth. I continue to work thru those feelings, etc.. This forum has truly been a lifesaver to me in that respect.

                  I am back from our appt and I am going to start a different thread as a follow up.

                  Thanks again to each of you!
                  reallynervous

                  Comment


                    #10
                    ReallyNervous........

                    All of us here on the forum have been where you are right now........ and we know how you feel, and how uneasy the future looks right now....... Fear of the Unknown can really stress you out....

                    TAKE A DEEP BREATH, RELAX, and let your lawyer do his thing........ get all your paperwork together, get it filed, and relax till th 341 meeting...... after that you have 60 days to SWEAT (none is there are no exceptions)......

                    Be kind to yourself..........

                    Work on the following:
                    1. Put yourself on a budget, pay cash only.....
                    2. Plan your future goals.
                    3. Set yur priorities for the future.
                    4. Set up an emergency fund and backup for expenses.
                    5. Think 24 hours before you buy anything!!!!!!
                    6. Change your way of thinking into "I need - NOT I WANT"!!!

                    The future will improve, hopefully you will be debt free soon and given a "fresh start".....

                    Make this fresh start WORK FOR YOU.................. set you lifestyle accordingly....... and remember what it was like to be in this position........

                    Keep us posted about your case...... we are here to listen, and discuss you situtation with you.......

                    Minny
                    Minny

                    "It's amazing the paths that our feet sometimes follow in life".

                    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                    Comment

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