Hello!
I'm new to this forum. I've learned a lot just from the threads. However, I'm soo confused on some of the stuff people are talking about. I do have a lawyer, but a really NASTY one.
Here's my situation:
My husband and I filed on July 28, 2009. When we met with our lawyer, we told her that we were behind on our mortgage but had worked up a repayment plan with the mortgage company. And that we are on a strict repayment plan that forces us to not be able to pay even our car payments. We were also behind on our vehicles. We are talking about 3-4 months behind. This is due to the fact that before filing, Navy Federal Credit Union used to garnish my husband's paycheck to pay for the loans we have with them. Also, because we're in the military and moved across the country unexpectedly without planning or saving. We told our lawyer that we want to be able to keep the house and the cars. I should have listened to my gut when she lifted her finger motioning to us to stay quiet until she's ready to speak. We couldn't ask her any question if we want her legal advice. She did her calculations and told us that we qualify for a chapter 7. She said her cost is $1200 including the filing fee and that it needs to be paid before she files it. To make the long story short, since my husband is leaving for a deployment, she said it will be best to file it before he leaves so he can sign the paperwork. So we rushed to do it, used the money we were saving to pay the mortgage and the cars, hence, I'm left with our dillemas.
Here are the problems:
1. We are still behind on our mortgage and cars. Properties we want to keep.
2. We already filed for a Chapter 7.
3. We have a very rude, very direct, won't answer any question lawyer.
4. We have a trustee hearing this Monday.
Here's what happened to our mortgage:
Before bankcruptcy, we were able to work out a repayment plan with our mortgage company. Our mortgage is $1350 a month. We were being forced to pay $2300/mo to keep the house out of forclosure. We have asked them to move the due date and cancelled on that repayment plan a few times because it was just really hard to come up with that amount. Since we have no money at all to pay the lawyer, we used the money we have saved up to pay her, asked the bank if we can move the due date again. Yes, I wasn't given the answer I wanted to hear. They basically told us that they can't but if we are able to pay at least two mortgage payments, that they should be able to do the repayment plan again. They told me to call at a certain date, and I did, but when I called, since the BK have already been filed, I was told that they filed a "motion of release." They wouldn't take my payment. But they said that they can ask their lawyer to see if I can still make a payment and how much. They told me to call two days after. I did, and I was told that the only amount they would accept is the total amount past due which is $6300. I don't have that amount. And they told me to talk to my lawyer when I asked how long I have to come up with that amount.
I contacted our lawyer via email since there is no direct line to her office, told her about the situation. After two days of waiting for a respond from her, she claims that we told her that we were current on our mortgage. And that if she had known, she would have adviced us to file for a Chapter 13. So, she tells us to schedule an appointment with her. So I did. I went yesterday to meet her. Scared to death of what's going to happen. Our house is in Florida, we live in California now. My husband might not be able to re-enlist in the military due to tenures and things. We intend to go back to Florida where living is more affordable for our family. And I can't go to work without a car. The same with him. I'm uneducated with BKs. It doesn't help that my husband is away and cannot ask his legal officers because he doesn't want to be talked about on the ship. I'm desperate. When I saw my lawyer yesterday, she was rude to me and treated me like a dirty rag. Our conversation went from "Why are you here?," then I told her, "There's nothing I can do, wait for the motion to be recorded", (apparently, the mortgage company hasn't filed the motion yet, because she checked on her computer and she hasn't received a letter. Then, she said we have 14 days to fight it, and she will require $1200 to fight it. I was devastated after hearing this. She goes on to tell me "Go!, there's nothing I can do, I've already told you what to do, I've sent you fliers with your paperwork, you're clogging up my morning. GO!" I've never felt so low in my life, and I tried to collect myself and get up but I forgot to ask her another question that I meant to ask. So instead of fighting with her and not get my question answered, I swallowed my pride and asked the question anyway. In which she said, "GO! talk to Jennifer, I don't answer those questions." This is a question pertaining to a credit card that a creditor wants to reaffirm, in which we want to do to help rebuild our credit. So I talked to her assistant, who by the way, is much nicer than her. But since her assistant couldn't answer the question, she said she would just get back with me. And I went on my way. I got in the car, felt worst than I did in the past few days. I couldn't believe I was treated that way. I'm not very assertive at all. I believe in Karma and I'm a good person. I wouldn't talk to anyone the way she talked to me. No matter what. I might have filed for bankcruptcy, but I'm still a person, and I have principles. I'm doing this to get back on our feet and provide for our children, for our survival. She on the other hand, feels like doing this for the money.
Anyway, I still have questions left anunswered. One mistake we've realized is that we relied on our lawyer to give us all the answers, and since I'm getting what we paid for, she wouldn't give us any answers. Finding this website helps. It answered a few of questions, but since most cases are different, I couldn't really understand some of it. I did speak to another lawyer, I'm contemplating on hiring another one to represent us. He was honest and told me that he can take our case, but it will cost us more money. He said that any repayment plans are cancelled when you file for BK. He basically suggested working it out with our current lawyer.
Our trustee meeting is tomorrow. I know he/she will ask if we are current on the loans. Our goal is to keep the vehicles and the house. My lawyer is not going to be there, she has another lawyer standing for her. I've learned here that when you go to this meeting that the trustee always finds something to sell. So my questions are:
1. What can happen once we tell the trustee that we are behind on the mortgage and the cars?
2. What actions can the mortgage company take while we are in this process?
3. Does it sound like we have a chance of losing the house?
4. If it's looking like its going to be taken, can we ask to convert it to a Chapter 13?
5. If it gets converted to a Chapter 13, can my lawyer charge me more?
6. Am I better off losing the house in a Chapter 7?
7. What about the cars?
8. Has anyone been able to make payments to a trustee on a Chapter 7. (Like, can I still keep the Chapter 7, then promise to make the past due payments in a period of 4-5 months?)
I'm reading the posts here today to prepare for Monday. But I would appreciate any advice anyone can give me. Thanks.
I'm new to this forum. I've learned a lot just from the threads. However, I'm soo confused on some of the stuff people are talking about. I do have a lawyer, but a really NASTY one.
Here's my situation:
My husband and I filed on July 28, 2009. When we met with our lawyer, we told her that we were behind on our mortgage but had worked up a repayment plan with the mortgage company. And that we are on a strict repayment plan that forces us to not be able to pay even our car payments. We were also behind on our vehicles. We are talking about 3-4 months behind. This is due to the fact that before filing, Navy Federal Credit Union used to garnish my husband's paycheck to pay for the loans we have with them. Also, because we're in the military and moved across the country unexpectedly without planning or saving. We told our lawyer that we want to be able to keep the house and the cars. I should have listened to my gut when she lifted her finger motioning to us to stay quiet until she's ready to speak. We couldn't ask her any question if we want her legal advice. She did her calculations and told us that we qualify for a chapter 7. She said her cost is $1200 including the filing fee and that it needs to be paid before she files it. To make the long story short, since my husband is leaving for a deployment, she said it will be best to file it before he leaves so he can sign the paperwork. So we rushed to do it, used the money we were saving to pay the mortgage and the cars, hence, I'm left with our dillemas.
Here are the problems:
1. We are still behind on our mortgage and cars. Properties we want to keep.
2. We already filed for a Chapter 7.
3. We have a very rude, very direct, won't answer any question lawyer.
4. We have a trustee hearing this Monday.
Here's what happened to our mortgage:
Before bankcruptcy, we were able to work out a repayment plan with our mortgage company. Our mortgage is $1350 a month. We were being forced to pay $2300/mo to keep the house out of forclosure. We have asked them to move the due date and cancelled on that repayment plan a few times because it was just really hard to come up with that amount. Since we have no money at all to pay the lawyer, we used the money we have saved up to pay her, asked the bank if we can move the due date again. Yes, I wasn't given the answer I wanted to hear. They basically told us that they can't but if we are able to pay at least two mortgage payments, that they should be able to do the repayment plan again. They told me to call at a certain date, and I did, but when I called, since the BK have already been filed, I was told that they filed a "motion of release." They wouldn't take my payment. But they said that they can ask their lawyer to see if I can still make a payment and how much. They told me to call two days after. I did, and I was told that the only amount they would accept is the total amount past due which is $6300. I don't have that amount. And they told me to talk to my lawyer when I asked how long I have to come up with that amount.
I contacted our lawyer via email since there is no direct line to her office, told her about the situation. After two days of waiting for a respond from her, she claims that we told her that we were current on our mortgage. And that if she had known, she would have adviced us to file for a Chapter 13. So, she tells us to schedule an appointment with her. So I did. I went yesterday to meet her. Scared to death of what's going to happen. Our house is in Florida, we live in California now. My husband might not be able to re-enlist in the military due to tenures and things. We intend to go back to Florida where living is more affordable for our family. And I can't go to work without a car. The same with him. I'm uneducated with BKs. It doesn't help that my husband is away and cannot ask his legal officers because he doesn't want to be talked about on the ship. I'm desperate. When I saw my lawyer yesterday, she was rude to me and treated me like a dirty rag. Our conversation went from "Why are you here?," then I told her, "There's nothing I can do, wait for the motion to be recorded", (apparently, the mortgage company hasn't filed the motion yet, because she checked on her computer and she hasn't received a letter. Then, she said we have 14 days to fight it, and she will require $1200 to fight it. I was devastated after hearing this. She goes on to tell me "Go!, there's nothing I can do, I've already told you what to do, I've sent you fliers with your paperwork, you're clogging up my morning. GO!" I've never felt so low in my life, and I tried to collect myself and get up but I forgot to ask her another question that I meant to ask. So instead of fighting with her and not get my question answered, I swallowed my pride and asked the question anyway. In which she said, "GO! talk to Jennifer, I don't answer those questions." This is a question pertaining to a credit card that a creditor wants to reaffirm, in which we want to do to help rebuild our credit. So I talked to her assistant, who by the way, is much nicer than her. But since her assistant couldn't answer the question, she said she would just get back with me. And I went on my way. I got in the car, felt worst than I did in the past few days. I couldn't believe I was treated that way. I'm not very assertive at all. I believe in Karma and I'm a good person. I wouldn't talk to anyone the way she talked to me. No matter what. I might have filed for bankcruptcy, but I'm still a person, and I have principles. I'm doing this to get back on our feet and provide for our children, for our survival. She on the other hand, feels like doing this for the money.
Anyway, I still have questions left anunswered. One mistake we've realized is that we relied on our lawyer to give us all the answers, and since I'm getting what we paid for, she wouldn't give us any answers. Finding this website helps. It answered a few of questions, but since most cases are different, I couldn't really understand some of it. I did speak to another lawyer, I'm contemplating on hiring another one to represent us. He was honest and told me that he can take our case, but it will cost us more money. He said that any repayment plans are cancelled when you file for BK. He basically suggested working it out with our current lawyer.
Our trustee meeting is tomorrow. I know he/she will ask if we are current on the loans. Our goal is to keep the vehicles and the house. My lawyer is not going to be there, she has another lawyer standing for her. I've learned here that when you go to this meeting that the trustee always finds something to sell. So my questions are:
1. What can happen once we tell the trustee that we are behind on the mortgage and the cars?
2. What actions can the mortgage company take while we are in this process?
3. Does it sound like we have a chance of losing the house?
4. If it's looking like its going to be taken, can we ask to convert it to a Chapter 13?
5. If it gets converted to a Chapter 13, can my lawyer charge me more?
6. Am I better off losing the house in a Chapter 7?
7. What about the cars?
8. Has anyone been able to make payments to a trustee on a Chapter 7. (Like, can I still keep the Chapter 7, then promise to make the past due payments in a period of 4-5 months?)
I'm reading the posts here today to prepare for Monday. But I would appreciate any advice anyone can give me. Thanks.
Bankruptcy Wizard
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