Hello all! I have been lurking for some time. This is a wonderful forum! Hereis my story. What should I do?
I am 34 married with a stepson and a daughter and we live in Wyoming. I have about 50k in CC debt. I also have a few thousand dollars in medical debt from wife, stepson and daughter. I have met with a lawyer a few times. I planned on doing a chapter 7 until recently which I have been told now that I am glad that I didnt. Now wondering if I should do a chapter 13 (can I be forced into a ch7) or try to settle.
My mom passed away earlier this month from a 4.5 year battle with burkitts lymphoma. We were joint tennats with rights of survivorship on the house. I have been trying to do a home loan mod with wells fargo since about february, with past attemts saying that we didnt make enough money now they are telling me to call back within a week because they are trying to run it again. The house is worth by the county #'s 262k (too high in my opinion), I owe 192k. Wyomings homestead exemption is 10k. I got $1900 (no tax taken out) from a retirement account of my moms. I am pretty sure I will be getting 10K from a life insurance policy in about a month. I am also going to now be a part of a memorial family trust with mineral royalties that will give me about $100 a month (no tax taken out). My attorney said that in a ch7 they can take those rights and sell them (which I can not have because there is lots of coal on the property that has not been mined and will be paying much more in a few years). He said in a ch13 they can take that monthy amount and add it to the payments plus the amount of equity in the house. I have one OC (American general for Carpet exchange) suing me for some carpet and flooring I had put in for about $8,500. they filed with the court and I submitted an answer and then they sent me some settlement judgement response filed on the 2nd. Today is day #20. The only thing I can think of for stalling purposes is to dispute the attached paperwork that totals about 2k less than the statements they gave me. Or do I call them to offer a settlement in about a month.
I am under the income for a 4 person family but am always broke and wonder what kind of ch13 payments I might have. My attorney that I have not paid for yet that has been helping me also stated that since I have not yet adoptem my stepson that all the medical bills I have paid for him can count against me in a ch13. I also got a letter from discover saying they were sending me to a lawyer at the end of last month. My student loans have not been paid since Febraury and they just sent me a letter saying I had till Nov. 4 to pay in full or they are going after a judgment. Would they accept back payment to make it current which would be about $1200?
My main concern is the house. I ahve grown up in that house and cant lose it because I cant get another one and my stepson who needs special attention at school is doing great and the school he is going to is the best in the city for his needs.
I have a 2001 yukon in my name with about 9k left on the loan at my credit union which I also have a 5k signature loan with. Would it be in my best interest to keep or surrender it. My wife has a 2004 Jeep liberty that title and loan is in her parents name.
The hosue needs a few things if I can spend some money if we dont settle. My hot water heater has been leaking for months and now it is getting cold I can not dry the towels any more so one will be installed tomorrow. I also would like to get a wood burning insert so my heating bills could be cheaper and my windows are horrible.
My yukon needs plates tires insurance and oil change. It is now just sitting in the driveway. Is this something I can do without getting dinged in a BK?
Sorry this is so long! Just looking for some help to get rid of some of this stress and to make sure I am making the right decision.
My first decision is to try to settle if we can and then do the ch13 if I cant lose the house.
Thanks for listening,
wantdestress
I am 34 married with a stepson and a daughter and we live in Wyoming. I have about 50k in CC debt. I also have a few thousand dollars in medical debt from wife, stepson and daughter. I have met with a lawyer a few times. I planned on doing a chapter 7 until recently which I have been told now that I am glad that I didnt. Now wondering if I should do a chapter 13 (can I be forced into a ch7) or try to settle.
My mom passed away earlier this month from a 4.5 year battle with burkitts lymphoma. We were joint tennats with rights of survivorship on the house. I have been trying to do a home loan mod with wells fargo since about february, with past attemts saying that we didnt make enough money now they are telling me to call back within a week because they are trying to run it again. The house is worth by the county #'s 262k (too high in my opinion), I owe 192k. Wyomings homestead exemption is 10k. I got $1900 (no tax taken out) from a retirement account of my moms. I am pretty sure I will be getting 10K from a life insurance policy in about a month. I am also going to now be a part of a memorial family trust with mineral royalties that will give me about $100 a month (no tax taken out). My attorney said that in a ch7 they can take those rights and sell them (which I can not have because there is lots of coal on the property that has not been mined and will be paying much more in a few years). He said in a ch13 they can take that monthy amount and add it to the payments plus the amount of equity in the house. I have one OC (American general for Carpet exchange) suing me for some carpet and flooring I had put in for about $8,500. they filed with the court and I submitted an answer and then they sent me some settlement judgement response filed on the 2nd. Today is day #20. The only thing I can think of for stalling purposes is to dispute the attached paperwork that totals about 2k less than the statements they gave me. Or do I call them to offer a settlement in about a month.
I am under the income for a 4 person family but am always broke and wonder what kind of ch13 payments I might have. My attorney that I have not paid for yet that has been helping me also stated that since I have not yet adoptem my stepson that all the medical bills I have paid for him can count against me in a ch13. I also got a letter from discover saying they were sending me to a lawyer at the end of last month. My student loans have not been paid since Febraury and they just sent me a letter saying I had till Nov. 4 to pay in full or they are going after a judgment. Would they accept back payment to make it current which would be about $1200?
My main concern is the house. I ahve grown up in that house and cant lose it because I cant get another one and my stepson who needs special attention at school is doing great and the school he is going to is the best in the city for his needs.
I have a 2001 yukon in my name with about 9k left on the loan at my credit union which I also have a 5k signature loan with. Would it be in my best interest to keep or surrender it. My wife has a 2004 Jeep liberty that title and loan is in her parents name.
The hosue needs a few things if I can spend some money if we dont settle. My hot water heater has been leaking for months and now it is getting cold I can not dry the towels any more so one will be installed tomorrow. I also would like to get a wood burning insert so my heating bills could be cheaper and my windows are horrible.
My yukon needs plates tires insurance and oil change. It is now just sitting in the driveway. Is this something I can do without getting dinged in a BK?
Sorry this is so long! Just looking for some help to get rid of some of this stress and to make sure I am making the right decision.
My first decision is to try to settle if we can and then do the ch13 if I cant lose the house.
Thanks for listening,
wantdestress
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