Over $100k CC debt, unemployed, thinking Chapter 7
Date: Sun, 03/22/2009 - 23:55
In Arizona
Unemployed/Lost job Sept 2008 (only receiving Unemployment now but former job was making me $75k/year)
Have over $110k in credit card debt (across like 8 cards)
My current mortgage loan and monthly payment: $260k / $1.8k
Have HELOC balance of $100k against my house
Have 2 cars with no loans on them (actually, transferred the car loans to HELOC 2 years ago)
I'm current on "all" loans right now... only because I was using my leftover cash for last year.. and received my tax refund for 2008 but the money is almost gone.
My next course of action is to sell my wife's vehicle.. which would get us maybe $12k (used 2005). I have a 2006 sedan which may be worth $8k but want to keep at least that one vehicle for when I do re-gain a job again.
So, possibly sell one car and use the $12k to keep making mortgage and all CC payments? Then, file for bankruptcy near when my $12k runs out?
My total CC "minimum" payments are about $2.3k a month.
So with filing for Chapter 7, would they take my 1 sole car because it's worth $8k or whatever? Do I keep my home? My current home market value is tanked and probably worth < $250k... but my 1st mortgage is still $260k and the HELOC is $100k. So, it would sell for way less than what's owed ($360k total owed/secured on home). Since I have no job, would the primary mortgage and HELOC let me keep making payments on those secured debts? I have never been late on any payments. Of course, I could say my relatives will help me make my mortgage payments until I secure work again.
Does Chapter 7 let you keep "any" liquid cash you have at all?
All comments welcome please.
Hi Guest, Yes, you will most likely get to keep your home and
Hi Guest,
Yes, you will most likely get to keep your home and your car.
Here is a great post about bankruptcy.
Hope this helps,
chrys
Yes, since you are making you payments on time. You can reaffir
Yes, since you are making you payments on time. You can reaffirm on the debt with your mortgage.
So, what about the HELOC? Are those allowed to be discharged wi
So, what about the HELOC? Are those allowed to be discharged with a Chapter 7 filing, too? I thought the HELOCs were "secured" debts against your property, and that only unsecured debts (like CCs and such) are only dischargeable? Thanks again!
A HELOC is a secured debt.?? You can reaffirm on it.?? What
A HELOC is a secured debt.?? You can reaffirm on it.?? What that means is that you will have to continue to make payments on it.?? It will be left out of the Chapter 7.?? As long as your not behind, it should be no problem.