help at end of rope

[phils]

Filed for 13 last year. Wife left not long after. 60 month plan, but first 7 payments didn't count until plan approved. Now must pay divorce attorney too. Lost job; working as temp; trying desperately to hang on. Over 4 years to go. Living in friend's basement. House gone to foreclosure. Car part of plan and will go if forced into 7. Life is a nightmare.

[LadyInTheRed]

Welcome to BKforum! You've come to the right place for support and advice.

Did you qualify for a Chap 7 at the time you filed, but filed a 13 so you could keep your house and car? If so, you should talk to your attorney about converting to a 7. Better to lose a car than to live a nightmare. The car can be replaced.

Alternately, have you talked to your attorney about modifying your plan?

[jst4f]

You need to stop being passive, victim, and take action. TLITR has some good ideas. Maybe work with a lawyer and come up with other possible actions... But do something positive to help yourself. The site is here to help you as we'll.

[keepsmiling]

Welcome to the forum. Sorry to hear of all your troubles. We'll all try to help as much as we can.
Why do you think the car will go? Is it due to exemptions? How is the house gone to foreclosure if you've been making payments? Is the car too pricey to keep at this point anyway?
Give us as much info as you can so we can direct you better.
Regardless, sounds like you need to get the heck out of that 13 ASAP. You are probably even collection-proof at this point, so another option might be that you can hold off for a while on filing if absolutely necessary.

[phils]

As soon as wife moved out atty said stop paying mortgage and ask for deed in lieu of foreclosure, which was granted. Budget had been based on joint income. Atty said if I convert to 7 they'll take the car, which is secured as part of plan. Sold other car just prior to filing to have some cash, so that amount would be subject to lookback. Need car to get to work, or to move if job opportunity arises in another state. Personal possessions in storage, except for joint marital property, all of which wife took with. I believe that if I convert before divorce is final trustee can take that too. Filed singly, not jointly, to protect her credit.

[occi]

What do you mean by " first 7 payments didn't count until plan approved?" Where does the money go? Keep haning on, things do get better. I have found this forum to
help me so much, knowing that I am not the only one going through this. I am down to 23 more payments out of 60. It has not been easy, I don't think anyone here will
say it has been easy, but it is not the end of the world, although it may feel like it somedays. There are times when you just have to take it one day at a time, if that is
what it takes to get through it.

[keepsmiling]

None of this makes much sense.
I thought the only state where pre-confirmation payment didn't count was Michigan. Not that it matters at any rate, because you will NOT be able to stay in the plan, which has now become unreasonable.
AND if you got a deed in lieu granted, there is no foreclosure.
What are you driving? What's it worth? Why does he think they will take it? You get a certain amount of exemption and you may or may not be able to stack them in NY since you now have no other property.

AGAIN- since everything has changed, you need to change the plan. It makes so sense to stay in it now. You can't kill yourself paying a ridiculous plan just to keep a car.

[keepsmiling]

@occi--- "not counting" means not counting towards the 60 months. In Michigan, your 60 months is counted from confirmation date. In virtually every other state, it's from the first payment.

Unless I am missing something else. Which happens

[phils]

According to atty, 60 months begins on confirmation date, not date of 1st payment, in NY. Car is worth about $10K.

[spidge]

SO where would these payments go? A suspense account? How would they be applied?

[phils]

No, they went into the plan.

[keepsmiling]

And how much do you owe on the car?

[keepsmiling]

Strongly suggest you don't make the next payment til you figure out which end is up....

[phils]

$5500

[keepsmiling]

You are a man of few words lol.
so... you have 4500 equity in the car... why do you think they will take the car?
You are allowed 4K by NY law, something close to that with federal. Plus you should have some kind of wildcard to stack (maybe)
At any rate, I think you are worried about nothing.
Perhaps you could tell us what the atty has to say about all of this Or what are you NOT telling us? It's all a little confusing, especially when info dribbles out in little bits and pieces. Trust us, we really want to help you.... but you have to let us.