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Can't believe I'm here! Yet.....

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    Can't believe I'm here! Yet.....

    now that the cards are on the table, understand why.

    Want to give you all my story, and see if I can gain any insight. I'll try to keep it less wordy than I'd normally be!

    Wife and I married 6 years, both spendaholics. Bought a home in 03, paid too much, caught up in the boom. We're currently waiting to see if we get loan mod. If not, we're in bigger trouble than we are now.

    Overspending, credit given out like nuts, new jobs, etc, etc, and we're now buried. I'd guess 100k in unsecured debt. Both have car payments. Not big ones, but car payments. Once interest rates on cards skyrocketed with the credit crunch, and we both took pay cuts to keep our jobs, (20% for me, 10%for her) we got behind big time. Called CC companies, no help given, we were on time with good credit, so no help! (go figure) Now, I'm 6 months late on most, and the calls are non stop. Now that we've been living on cash only, we realize how little money we truly have at the end of each month. We were living on credit.
    Together, we make about $120k a year, (give or take 10k depending on the year) so a Chap 7 is out. We are upside down on the home, but not by much. I'd guess if we were lucky, we'd get $575k for our home, and we owe $585k. (Paid $650k) Please, no lectures about overbuying, we've realized. We got caught up in it. All seemed okay back then, and oddy enough, didn't have the usecured we have now. Because I think we can still make money on the home eventually, and we love our home, we do not want to lose it. If the loan mod doesn't go through, we'll try Chap 13 and hope for the best. Even IF it goes through, I'm starting to think Chap 13 is the way to go anyway.
    It's all so confusing, all so frustrating, and we're both just losing it. (at times) I'm working nights for some extra money, but I'm not going to do it forever. I have a 2 year old son, and sorry, being with him is more important than anything to me. If it means we have to have my wife quit, lose the home, then file Chap 7 and start over, so be it. But, I'm hoping Ch. 13 can help. Sorry, not sure why I posted. Venting I guess, and hoping for some insight as to why Ch. 13 may be a good decision for us. Any questions or comments, have at it.
    Thanks.
    Oh, by the way... have talked to one attorney, (I live in So. Cal) and was quoted 4k for a Ch 13. 2k up front, 2k built in to the payments. Have no idea if that's high, he says it's pretty standard nowadays.

    #2
    Hi and welcome to this board

    First of all, don't rule out a ch 7!! I was over the median too and still qualified for a ch 7 (had to visit with 6 attorneys before I found one that agreed to look at my numbers, but it was worth it!). It's all about your numbers...., go here: www.legalconsumer.com and plug in your numbers, if you don't pass (which you won't) you'll need to go to the 2nd part of the test. Whats most important is your DMI (disposable monthly income), basically take your pay minus your expenses and if you are in the negative....Yeah!
    Also, when I first started this "bk journey", I was told I could only do a ch 13 because I was over the median (I didn't know any better at the time) and my attorney (at that time) cost $4k for a ch 13, all up front, so yes, $3,500 to 4k is typical in Calif. Please set up a few more consults with local BK attorneys before you retain this one.

    Good Luck!
    May 2008 Hired 1st Attorney/Stopped paying CCs
    May 21, 2009 Retained 2nd Attorney
    May 28th - Filed for Ch 7 (FINALLY!)
    9/11/09 - DISCHARGED!!!!

    Comment


      #3
      Thanks for the info. I'll for sure do some more research. However, in a Chap 7, are we more likely to NOT be able to keep our home? That is what is most important at the moment, we want to try to keep it. Even if we're underwater, it's not by much, and we love our home. I'd like to think in 5 years we could at least make a little money on it. (fully knowing not to depend on that fact)

      Comment


        #4
        I was able to keep my home (underwater too) and my 2 cars

        I just didn't sign any reaffirmation agreement with any lender, therefore if/when the time comes and I lose my job....I can just walk away from everything....(knocking on wood)....
        May 2008 Hired 1st Attorney/Stopped paying CCs
        May 21, 2009 Retained 2nd Attorney
        May 28th - Filed for Ch 7 (FINALLY!)
        9/11/09 - DISCHARGED!!!!

        Comment


          #5
          Liz, would you mind PM'ing me your attorney info?

          Comment


            #6
            DC, wanted you to know that I deleted the duplicate thread identical to this one that you posted in the Ch 13 area. It's against our forum rules to post the same thing in more than one forum area. There were no answers posted to the deleted thread - all your answers are here - so you didn't lose anything
            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


              #7
              I believe with a ch7 you can keep your home IF you are current on your payments. If you are behind, the only way to keep the home is to file ch13 and put the backpayments into the payment plan, or get current before filing a 7.

              Comment


                #8
                The house is another story. We're with WAMU, now Chase. We were ALWAYS current on the home, ALWAYS. We were on a 5 year interest only loan set to reset in July. I was calling WAMU/CHASE for OVER A YEAR trying to get a better rate, a loan mod, something. Never helped, told to wait till a couple months prior, they were too busy. Well, 3 months ago, after filing loan mod papers, (and being told in so many words we needed to be late a couple months to get help, no lie...) we were amazed at how much the payment was dropped. From about 2600 (including taxes) to 1500, (including taxes) We were told if we did this for three months, our loan would then be set at this for 2 years, 2.5% or around there, then gradually increase to nothing over 5.5%. Sounds great! Well, as I call to get updates, I'm then told our investor, (not a Fannie or Freddie loan) isn't giving loan mods, and this was just a forebearance to help us out. Help us out of what? SO.... we now owe 14k in back payments. I was LIVID. Absolutely not what we were told. (nothing ever showed up in writing, although I asked) Well, they're NOW saying all of a sudden, our investor is offering loan mods and it looks like we SHOULD be abe to get what I described above. We'll have to fill out paperwork again, send paycheck stubs, etc. I'm cautiously optimistic. If it doesn't go, we'll stop paying entirely and then see if they offer us anything down the road. Kinda waiting for this to play out before we file Ch 13, which looks more and more likely. CHASE has been HORRIBLE, JUST HORRIBLE.

                Comment

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