I went to retain and I am more confused than before.

[adviceplease]

I really like the lawyer I retained but she was running behind with the case before me and hubby had to get to work so I did not have a lot of time to talk to her.

I have a few questions that maybe someone on the board knows the answer to before I call her on Monday.

1. I have a credit union and I owe $700 on one CC. Our lawyer said that I will have to file the debt but I am worried about the CU being pissy and not letting us continue with our mortgage and 2nd mortgage through them. They have to let us keep the house by law as long as we stay current on it right?

2. My hubby does not want to move his direct deposit from the CU to a new bank and then back because we have the mortgage through them and he wants to keep his checking there. So now we have the $700 that they may take out of our account.

What are my options on this debt? I can't pay it off because that would be preferring them, I can't leave $700 in the account when I file to cover it if they take it out because I have to exempt the money.... After we file can I put money back in my account to cover where it put it negative or do I have to wait until after 341? I am just worried about how to get the money to cover it in the account if they do take the money I know they will take his paycheck but then I need to pay bills during that time. I know there is a chance that the CU may just let it go but I doubt it.

3. If the lawyer is able to exempt all my vehicles and assets can the trustee still try and take them?


Sorry if I sound like a broken record but I really need to get this all clear in my mind.

[klandsb]

I was reading on new post and someone posted something u might want to take a look at about credit unions , cross collateral & such down on the 2nd page or it was in Chapter 7 post. Thought it might help....

p.s I closed my christmas club & savings at my cu so they wouldnt take the money for a credit card I have with them. I just couldnt bare to loose that money . I also changed my direct deposit with a new bank. I want to be ahead of the game and make sure things are in order before I file. There are just way to many things to think about

[LuciluS]

I really like the lawyer I retained but she was running behind with the case before me and hubby had to get to work so I did not have a lot of time to talk to her.

I have a few questions that maybe someone on the board knows the answer to before I call her on Monday.

1. I have a credit union and I owe $700 on one CC. Our lawyer said that I will have to file the debt but I am worried about the CU being pissy and not letting us continue with our mortgage and 2nd mortgage through them. They have to let us keep the house by law as long as we stay current on it right?
Correct

2. My hubby does not want to move his direct deposit from the CU to a new bank and then back because we have the mortgage through them and he wants to keep his checking there. So now we have the $700 that they may take out of our account. The minute you stop paying on that card or they found out you are filing BK, whatever is in your checking account up to the balance of the CC card with them will be taken and fees, charges etc. will be added.

What are my options on this debt? I can't pay it off because that would be preferring them, I can't leave $700 in the account when I file to cover it if they take it out because I have to exempt the money.... After we file can I put money back in my account to cover where it put it negative or do I have to wait until after 341? I am just worried about how to get the money to cover it in the account if they do take the money I know they will take his paycheck but then I need to pay bills during that time. I know there is a chance that the CU may just let it go but I doubt it. The ideal thing to do is open up a checking account at a bank where you do not have credit relations with (credit cards). Ask for a form from the bank for your hubby's employer to direct deposit his check. It's time to close that CU checking account. I worked at a CU and it caused cross collatarization. You will find it in all of your paperwork from the CU

3. If the lawyer is able to exempt all my vehicles and assets can the trustee still try and take them? If they are valued to suit the Trustee, the answer is No.

Sorry if I sound like a broken record but I really need to get this all clear in my mind.

Ask hubby if he would rather hand over what is in your checking account to the Credit Union for that credit card or go with you to open a checking account at a bank (preferably a small one) you have no credit relations with.
I know my DH would say 'let's go open up a new checking account'.