Another hardship question

[Lacy]

I have a appointment tomorrow with my original attorney that filed our BK13 a little over 4 years ago. I am going in to talk to him about a hardship discharge among other things as well... My late husbands vehicle is in on this BK. So my question is if anyone knows if I was eligible to get it dismissed due to a hardship. Would I end up losing his vehicle ??

[arkienurse]

I have a appointment tomorrow with my original attorney that filed our BK13 a little over 4 years ago. I am going in to talk to him about a hardship discharge among other things as well... My late husbands vehicle is in on this BK. So my question is if anyone knows if I was eligible to get it dismissed due to a hardship. Would I end up losing his vehicle ??

the truck hasn't been paid off yet in the bk? I don't really mean to be nosy, but how much of your debts were secured, and how much were unsecured? Our vehicles were paid off about halfway through our bk. Before any of the unsecured claims got a penny. You might find that the truck has already been paid off when you talk to your lawyer. If not, you will have to finish paying for the truck.

Good Luck tomorrow.

[Lacy]

the truck hasn't been paid off yet in the bk? I don't really mean to be nosy, but how much of your debts were secured, and how much were unsecured? Our vehicles were paid off about halfway through our bk. Before any of the unsecured claims got a penny. You might find that the truck has already been paid off when you talk to your lawyer. If not, you will have to finish paying for the truck.

Good Luck tomorrow.

I am not sure if its been paid off or not.. be nice if it was though. Most of our debt was unsecured. The vehicle being our biggest debt. So if I was to have to finish paying for it. Would I have to pay what was originally owed on it before filing BK ? ... Sorry I dont know much about these things. I just send in the payments ever month.

[AngelinaCatHub]

I assume with 8 payments, you are in bk 13? I believe that after your 8 payments you should be free and clear. The attorney negotiates with the creditors and they get what they get. I would check with your lawyer or if pro se, your Trustee.

[Bandit]

[banned member's quoted post and Bandit's reply deleted by moderator]

FYI- hardhips cases have to be proven under.according to the law (the last time I checked) so I would not expect someone to have that complete answer.

[AngelinaCat]

Hi Lacy:

I read somehwere here that your attorney can file a petition before the court siting hardship in making your payments in a 13. But as Bandit has said, your attorney has to be able to prove a real hardship.

Check with your attorney about that secured payment, if that is the only secured creditor, you may well be through with paying on that vehicle.

Good luck to you.

[becky20]

I agree with the others, if the vehicle was your biggest secured debt, and secured debts are paid before unsecured, chances are the vehicle has already been paid. Can you check online on Pacer (I don't know much about pacer except that your case info is probably there - I'm guessing there are other posts to tell you all about how to interpret the information) it might tell you if your car is already paid. If your spouse has passed away, my guess is your income has gone down? If so, I'd imagine it'd be a good reason to at least try for a hardship discharge. Please let us know what the atty says! Good luck!!!

[arkienurse]

I agree with the others, if the vehicle was your biggest secured debt, and secured debts are paid before unsecured, chances are the vehicle has already been paid. Can you check online on Pacer (I don't know much about pacer except that your case info is probably there - I'm guessing there are other posts to tell you all about how to interpret the information) it might tell you if your car is already paid. If your spouse has passed away, my guess is your income has gone down? If so, I'd imagine it'd be a good reason to at least try for a hardship discharge. Please let us know what the atty says! Good luck!!!

nah, pacer won't show if the truck is paid for. At least nothing on my pacer acct showed when our truck and van were paid off.
However 13datacenter.com would. I think you have to sign up and wait a day or so to get your log in info, so she will probably be able to find out faster going to her lawyer tomorrow, but for any of you that are new to 13, this can be a most informative site. You can track payments and who filed claims, where the money went and so on. Some of the trustees don't participate however

[Lacy]

Awww I got excited about the pacer I was hoping I could check it and see if it had... Oh well guess I will just have to wait until tomorrow and see. I sure hope you all are right and the secure do get paid first because you think it done been paid off by now as long as we have paid. And yes my income has dropped considerably with my husbands passing so hoping I do qualify for a hardship discharge.


Thank you all who have responded... I really do appreciate it !

[justplaintired]

Well I can't help, but I wanted to wish you luck!

[Lacy]

Well I can't help, but I wanted to wish you luck!

Thank you !

[arkienurse]

Awww I got excited about the pacer I was hoping I could check it and see if it had... Oh well guess I will just have to wait until tomorrow and see. I sure hope you all are right and the secure do get paid first because you think it done been paid off by now as long as we have paid. And yes my income has dropped considerably with my husbands passing so hoping I do qualify for a hardship discharge.


Thank you all who have responded... I really do appreciate it !

Well, you have to sign up for pacer also and be sent a username and password. They mailed me mine, but I think if you use debit card to sign up, you can get on immediately. Only thing is pacer costs money-8cents per page if you go over a certain amount. 13data center is free. It would still be worth it to go on and sign up for both tonight. That way you can keep up with the remainder of your case, no matter which way it goes.

[arkienurse]

Awww I got excited about the pacer I was hoping I could check it and see if it had... Oh well guess I will just have to wait until tomorrow and see. I sure hope you all are right and the secure do get paid first because you think it done been paid off by now as long as we have paid. And yes my income has dropped considerably with my husbands passing so hoping I do qualify for a hardship discharge.


Thank you all who have responded... I really do appreciate it !

And if worse comes to worse, you most certainly qualify for a modification of payment. It would probably go way down since your income has dropped considerably, and expenses have gone up. Only bad thing is survivor benefits count as income.

[Lacy]

ok I found my six month status report that is dated 4/8/08 and from what I am reading dont look like the vehicle is paid off. You all are the smart ones here so tell me what you all think......

Principal paid - 20,709.66

Claimed/Pd Dir - 24,700.00

Total Int Pd - 2,266.12



I have made 4 payments since this status report.

[becky20]

Well, looks like 1700 short maybe (give or take) but if you've made 4 payments since then, you've GOT to be close... Can't wait to hear what your atty says tomorrow!