Trying to file Ch 7 / My Story

You check out the homestead as well as the Federal exemptions. It'll give you the idea whether or not your property would be exempted.

Do you have equity on your vehicles? That can cause some troubles if the value of the cars exceed the exemption level.

Regarding keeping your house, you would need to reaffirm the loan in order to not to get it foreclosed.

Sorry to hear about your story but keep your chin up. Many of us have got ourselves into the same trouble. So, you're amongst friends.

Do keep us posted.

I just got back from the lawyers. He and the lady went over everything and they said we will be able to keep our house, just got to get it back up to current. Our cars, we have 4. My toyota has no value. I owe 5k more than whats is worth. The other 3 are an 84', 88' and 93' All three together value maybe 1k.

They will be filing the papers today and I will get my case number tomorrow. The IRS hasn't sent 08' taxes yet so I will probably have to go on their website and pay to have them printed or they will have to wait a few days. I sent the request with our 09 taxes.

I also asked about the trustee in ohio, they are okay if you can give them what they ask for. I guess that sounds okay but I am still alittle scared that they will come to my house and assess it for the value of my things. I don't own much but what I do own I would like to keep. Mainly my animals have a place to stay.

We put everything in except house/car/atv. They sent notices to my gas / electric companies but I am going to pay them so I can have my heat turned back on in the winter. I will hopefully not freeze this time around.

But Everything went okay, tomorrow i get my claim number and in a week or 2. They will send out letters letting everyone know.

Dee

Well we got our claim number last friday. The meeting is on May 19th. Payday loan people are harssing my husband and I at home and they are calling our work. My husband works at Walmart DC and almost lost his job cause they called. My work also gave me a hard time. I am really hoping they mail out those letters soon. I don't know if I could take if I or my husband loses our jobs over creditors calling.

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Well other thing has to go wrong. In 08, we paid someone to do our taxes and guess what! They scammed us! Called the IRS this morning to get our return so we can have the pages and our house needed other copy cause of our hardship program we are trying to do to keep our house.

They said the people who did our taxes left out my income so we owe them additional 1500 in taxes plus the 400 we owe them this year....I dont know if I can take much more of this...They are sending us a letter this week to get the situation fixed. I talked to a really nice gentleman on the phone. He wasn't too worried about my situation, he just said that when I get the letter to figure out a payment plan with them. I am so scared that I may go to jail or something, I never had this happen to me.

I called my BK lawyer and talked to one of the ladies, they got my forms from the IRS and said that me owing them / paying htem back in 08 shouldnt bother the court system cause they mostly look at the recent tax return. I really hope that they are right...I just can't believe someone would do this to someone that actually pays for services

I'm looking into filing for bk chapter 7, recently received a letter that I'm being sued by one of the credit companies; however, there's no court date on the paperwork filed, and I have less than 30 days to respond to the court, but i'm not even sure how to respond.
I'm bankrupt, therefore I don't have money to hire a lawyer. I'm not sure how to go about filing for bk, and I'm scared to not answer the court papers for they may garnish the little wages I do get.
Any advice?




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You have to contact the company or file with the courts within 30 days. I was in a lawsuit with Citibank and I had to file papers and things or they will get a default judgement on you and take everything you have and garneish your wages.

Debt consolidation would be a good route if you dont want to file BK. I will never do Settlement again, they are all scams.

If it gets any worse, best thing to do is borrow the money like i did and file BK. It may hurt you for 8 years but if it goes though, you get a clean slate.

My meeting is the 19th and my date for discharge hopefully is aug 17.

It is going okay so far...catching up my house and ulitilies, now I have to work on catching up on my car or just have them take it

Well my meeting with my trustee is in a few days. Kinda getting worried. I have not been contacted by my attnory so nothing seems to be wrong. Tho My husband and I have been getting a few letters and phone calls from creditors even tho they have been sent our papers.

Do anyone know when is a good time to do the last consulating online thing for discharging? Do we have to complete it before the meeting or after? I am working with Greenpathbk and I can do it but I dont want to do it too soon.

that is great news. let me know how it goes, i'll be doing the same thing shortly. not sure about the class, my attorney said he would tell me when to do it. i would definetly ask your attorney first.

Well today is the day of my meeting, I am so scared. I am running around the house getting things done and everything. The court house is an hour away from my house so I will be leaving very soon to get there on time.

Tho after today I may feel alittle bit better, but it still takes 60-90 days for it to discharge if everything goes okay. I think they said my date was Aug 19th. Well gotta go and I'll post the experience when I get home

Well it took us 30 mins to find the place, then we had to wait in this room with 4 other people. Our appt. was at 1, and we didn't see the trustee until 2.

I guess it went okay, we may have to pay him 500 cause when we filed, we had it in the bank so chase to take it out and pay the house. So because we had it in the bank, we must pay it. He also wanted the title for the ATV, so we had to fax that over to him today after we got home.

I don't know the outcome but our lawyer before was texting on his phone and just relaxing. Unlike the other lawyers, he just took us out and said that was it, really didn't give any word or advice like the other lawyers there did. Which kinda made me want to have other laywer that would actually work with us.

Well we have until Aug to find out....

That is a lawyer for ya..they don't have the worries we do. You will be fine. Hang in there, and let us know what happens.

Well news for everyone, if you are in forcloser or forbarence with your home, better not file bk or you are going to lose it.

Chase is taking our home, since we was working with them before the BK to get caught up on our morgage to keep our home, it cancelled it so all the money we gave them is gone and they are filing a motion of relief/stay to take our home. So my husband and I and my animals are losing our home cause the jack*(@ of a lawyer said we would keep it and now we arnt.

I am going to sue him if we lose our house, I dont know anymore, didn't I say I would get screwed somehow? Well I guess the third time I did again.

I'll keep you posted but I'll never listen to them again, told me everything would be fine and now this...well gotta go break down and start packing

Well we are going to give our laywer a piece of our mind monday morning. He is also calling chase and their lawyer demanding what happen to the 3k we paid them since Dec. We have bank statements and proof they took the money. Either they will have to work with us or we are sueing them.

We have also decided to let them have the car. We no longer have use for it (since so many recalls on toyotas and I just cant afford the car payment anymore) 3 months behind on it since we are tying to keep our house. I will walk to work or find a junker until winter. I have a truck I drive in the winter.

Well I'll keep you guys posted about tomorrow and the weeks there forth....

Dee

So sorry to hear about this. I can relate as we did not have a house, but the BK process. Keep us posted. Good luck

Thank you for the support. I talked to other girl at the laywers office. Which has highly ticked off my husband and I. She said that chase can keep the money and not apply it to the house so we can get forclosed on..And it was OUR fault for filing BK before the plan was over. So they are treating us like second class people. We still haven't talked to the laywer, either he is at lunch or late to something.

We are going back tomorrow and every day until we get some help or answers. I hate it how we paid someone 1300 to help / do our paperwork / talk to our creditors and it feels like we are doing all the work all he did was sit on his butt.

WE had to call chase again today to find out what is going on with the house. We need to send in more paperwork and probably more money. I am not worried about toyota since I am not keeping the car now, I have been losing hours at my work and since the BK..she has thought about letting me go because of the tension it is causing. So I don't know if I will have a job at the end of the summer.

Well the laywer sat us down a day or two ago to chat about the house. His words were, since we aren't in a Ch 13, it is not his problem to work on keeping our house. We must contact chase and their laywers and set up a plan with them. Tho, Chase and their lawyers have given us the statement that they will not work with us just our laywer.

We are trying our best to keep cool, but it is hard when noone wants to help you. We have until Aug. to find out a way to go or we will be homeless with our animals.

Nothing has come back to us about the house this week, so hopefully sometime next week or week after something good happens.....

usually if something like that happens with any creditor, whether included in bk or not, they are only supposed to speak to your attorney. however, your atty should sign a paper and send to them giving chase permission to talk to you and work it out with you..

Well got the paper in the mail today, The motion of stay has been termaitated and we have tried to call chases lawyers but noone will still not talk to us. We are trying agian tomorrow.

Also got an other paper saying that the trustee has abandon the house cause it had no equity in it.

We are trying to save up as much as we can to save our house....by the time July hits, we will need about 3k to get the house current.

I guess all I have to say is...research your lawyer before you pay him...I wish I would have went with a better one that wasn't so cocky and stuff....maybe someone that would actually work with us....

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Thanks for your support...I hope this fresh start helps us and it has alittle...we are almost saved up enough to pay the back money we owe on it....it is just we can't lose our house cause no other place that rents or apartment will take our animals.

I can't lose our pets...I know we have too many, but I love each and every one of them...

I would be crushed if I lose them...and I will do everything in my will to keep them happy and have a roof over their heads.

I guess it would be easier if we didn't have pets cause then we could just say screw it and let them take it..but with our 2 dogs, 2 birds, and alot of cats...we can't find other place unless we find a bank that loans but that will never happen..so we are stuck trying to keep this place.

There are definitely apartments, personal and "corporate" (the ones that are run by a company), that allow pets.

Everything will be :) It's really, really rocky, but once it's past, it's the past :)

DeeM-I know how you feel about your pets. That was always my biggest worry. I can tell you that in our area (Maryland), there are Avian rescue's that take in/board your birds until you get back on your feet then you get them back. I know some people that do that. I have an apartment zoo right now myself. Can you get a friend/relative to take in dogs for you also for a while and just take your cats. We have 5 in our apartment. Just a thought. Keep us posted.

My neibors love my dogs, if I had too they could watch them until we found a place. But it is scaring me that everyone thinks I will lose this house....=( My birds, his grandma likes them so she would watch them for us.....

My cats on the other hand...I have almost 30 counting the new borns we had last week. Hate to say there is no apartment will take that many animals, and I dont have no kill shelthers where I live so I can't take them to the pound or they will get killed.

I doubt you will lose the house. Just until all the BK blows over and you are on the other side of the fence. What State are you in?

I live in Ohio, when we went for BK we told the lawyer that we was behind in our payments and trying to work with chase on a forberance plan. We had 2 payments left, and when we filed noone told us that would void it.

Now the laywer wont help us and Chase will not take any money or talk to us. We are currently close to 3k behind. We currently have 1k saved up and with us trying to catch up on bills/ ulitilies and trying to live from pay to pay its hard to save it when things come up, I just wish they would start taking payments or talk to us.

We had our meeting and it seems like it was 30 days ago, and we havent heard anything about what the trustee said or if the creditors are fighting it. I use to talk the laywer everyday or every week but now since he treated us like dumb @ss in his office I havent even tried to talk to them anymore.

Is there another lawyer in the office you can speak with. What a jerk for acting like that. I know there is a free online lawyer forum. I am hoping someone on the board can let you know about it, because I am not sure. When you call Chase, ask to speak to a Supervisor and demand to know what your options are. If you do not get an answer, let me know and I will call my dad who know the bankruptcy laws very well and has a good friend in DC that is a lawyer.

Nope, he is the only one there. I am about ready to call Davis, he is other laywer in the area, but right now with the way my husband and I are fighting...I am losing hope cause I'll be saving up for a divorce laywer soon....

He called chase and they said talk to their laywer, and we called their laywer and they must still go though our laywer....

We should be discarged in Aug or July...our meeting was may 15

Well we got a paper last week. It said that the judge ordered that we would be discharged and the creditors have until the 17th to fight it. I haven't heard anything about the trustee selling our stuff or anything to pay the creditors.

He is working with the home and I am mostly just trying to stay out of his way...ever since this started we have been fighting more and more. I guess things or people change...well I'll keep you up to date but right now we are waiting on the closing process.

Dee

Unsecured creditors dont bother fighting it....

Well the 17th has come and gone and now we are waiting for the official closing of our BK. I have been reading that the closing could take months, maybe years. So We don't know what is in our future.

Well we finally working down our house, we are currently only 3 payments behind and by the end of sept we should only be one payment behind. So life is starting to get back to normal.