I dont think any option will work for my situation.

[junkmail9782]

Gosh I don't know where to start my embarassing story. Were about 30K in debt. including cc, personal loand & medical bills.. . oh and overdrafted bank accounts. 1 creditor had a court date set for me. The day before they agreed to let me make payment plan. I put a downpayment, then owed them 200 a monh. I didnt pay them that b/c i didnt have it. My account they were going to take it from is overdrawn. Another creditor said theres a judgement. and theres a paper we have to fill out and submit or else getting arrested is a possibility for comtempt The paper is asking financial questions. My house is in a forbearance program. They said after 6 months of payments ontime they would modify mu loan. the 6 months came & past and now they said my inversot wont do a modification, but its being sold in 2 months to Fannie Mey loan and they (supposedly) will modify the loan.
So the time limit to submit the paper is in a day or two. otherwise We will be held in contempt. I have an appt for a free consult with an attorney in a fe days, but i dont know if i should submit the paper or wait for the lawyer to see it first. And second will i be able to file with the possibility off a loan mod. comint in the next month. Ughhh im so frusterated. i have never been this emotionally drained in my whole life.
par of me wants to sell the house hope to get enough to pay off the debt and start over, but i dont think i could get that much. im afraid bankrupptcy wont work either. ughhhhh

[researchnerd]

What exactly is the "paper" you have to submit? Who is it from, and where do you have to submit it? Is it a subpoena from a court or attorney, or just an official-looking "affidavit"? If it's from the court you should probably complete it, but beware of fake legal documents from debt collection agencies.

Bankruptcy can help with your unsecured debt issues (credit cards, personal loans, medical bills). If you still have a steady income you may be able to file Ch13, which will restructure your debt to an amount you can afford to pay every month. The fact that you're behind on things is not an issue, you can still file.

If you don't currently have an income (or if it's small) you will need to go with Ch7, in which you can lose all or most of your debt. Generally you cannot keep your house and other assets in a Ch7, but if it's underwater or mired in a modification you can't afford, you may be better off giving it up anyway. At the very least, it's one way to break even and move on.

Your attorney can answer a lot of these questions when you meet. Write down everything you want to ask, and bring a copy of that "paper" with you so they can give you good advice on where to go from here.

[junkmail9782]

The paper headline is "Information Subpoena"

[keepmine]

Absolutely fill out the Information Suponea. If you don't it's contempt of court and you could have an arrest warrant issued.

[BCA2009]

Is it a court ordered subpeona? If so by all means submit it. It sounds like one of your creditors has gotten a subpeona to determine what assets you have. It sounds like you don't have any. So fill out the form and get it to the court before the deadline. If you had any assets od significant value, they may try and take them, but they don't want household items and stuff like that.

Much better to be honest and comply with the court than ignore them.

[junkmail9782]

Thanks for all your replies. I will fill it out and send it before the attorney appointment I have. This is such a rollercoaster ride.

[STofSHK]

Hang in there, I was feeling the same way an then some. I filed chapt 13, it has been 30days plus. I just received confirmation that they are going to stripe the 2nd loan, Needless to say I'm ecstatic!!! And as soon as I filed I felt like a load had been lifted. The sooner you get it done the better you will feel.

Good Luck!!!!

[junkmail9782]

I just realized that the address to send the information subpoena is to the lawyers of the company going after us... does that sound shady? Should I HAVE to send them papers and not the court? I have been calling the court all day. no one ever answers. rings, rings, rings. occasionally an automated system answers and redirects to somewhere that doesnt answer either.

[BCA2009]

That's why I asked earlier if was a court issued subpeona. Sometimes creditors/law firms will write letters that look like official documents to trick you into sending them info. You need to read the small print and confirm whether or not it's real. If not real then don't send it back.

[walkthaplank]

I just realized that the address to send the information subpoena is to the lawyers of the company going after us... does that sound shady? Should I HAVE to send them papers and not the court? I have been calling the court all day. no one ever answers. rings, rings, rings. occasionally an automated system answers and redirects to somewhere that doesnt answer either.

Are you able to look at the court docket online? If not, you might want to go to the court and ask them if this is an actual subpoena or is this lawyer pretending that it is a subpoena? Many courts have online access, go to the court and search your name.

The payment plan you made with the creditor, was that a "stipulated judgment"?

Regardless, you need to get yourself to several lawyers and get filed. Once you are filed, any collection activity stops, even those based on judgments. You need to set up several appointments and get this going.

It'll all work out in the end. Right now it feels like you have a 500 pound rock on your shoulders, it'll pass. You just need to get on this.

[hamburgervol]

Many people keep their homes in CH7, so don't get the idea that filing CH7 means you can't keep your home.

[junkmail9782]

Many people keep their homes in CH7, so don't get the idea that filing CH7 means you can't keep your home.

Thats the only thing I'm worried about. Hopefully the lawyer I see on Thursday will give us the best options.

Someone asked about the stiputation judgement. I'm not really sure I agreed to paying more then I was able to b/c I was afraid to go to court. I now know it was a very bad decision. And I'm not sure what will happen now. That is a different debt then the one who sent the information suboena.

I did finally get ahold of the court. They said it is legit. They are trying to get a levy on our bank account. We dont have one anymore. Unfortunently it also is money we owe. Can you put old bank accounts in a bankruptcy?

[walkthaplank]

Thats the only thing I'm worried about. Hopefully the lawyer I see on Thursday will give us the best options.

Someone asked about the stiputation judgement. I'm not really sure I agreed to paying more then I was able to b/c I was afraid to go to court. I now know it was a very bad decision. And I'm not sure what will happen now. That is a different debt then the one who sent the information suboena.

I did finally get ahold of the court. They said it is legit. They are trying to get a levy on our bank account. We dont have one anymore. Unfortunently it also is money we owe. Can you put old bank accounts in a bankruptcy?

You list ALL debt.