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HI !! new here and going crazy!

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    HI !! new here and going crazy!

    HI,
    I've been reading posts here for about a month now, I'm considering filing chapter 7. I have an appt. with local attorney my friend used in two weeks.I recently stopped paying about 2/3 of my credit cards. The phone calls already are driving me insane!!!One even called my work( 1st time ever late on a $400 card). Almost all cards (about $20,00 worth) are in my name only-so I just want to file, not my husband. His ( and mine ) main concern is keeping our house. His income is alot higher than mine--I work part time but we are still under our states median income for family of 4. I was reading our mortgage agreement( we had to refinance in 2005 to get fixed rate and our house payment went up almost $150 amonth) and there are two things that concern me-one i s a Waiver of Exemptions. It says : Each person signing this Mortgage waives all rights of dower in the real esate, all marital rights, homestead exemptions, and all other exemptions relating to the Premises.Also under DEFAULT it says we will be in default if we begin a case in bankruptcy, receivership, reorganization, rehabilatation or any other matter whwether or not similar to them. We aren't planning on defaulting on the house-- we want to keep paying on it--but does that mean if we even file they can foreclose on us??? I'm so confused and scared!!! I can't sleep, I'm so crabby I can't take this much longer. we just couldn't keep up with all the bills, and last month it finally caught up to us, and now they( credit card companys) started adding late fees, over the limit fees-- I couldn't catch up now.Sorry for such a long post I'm just so scared!!! Thanks for listening

    #2
    Once you have an attorney to redirect the creditors to they will probably quit calling. Out of five accounts, they started calling about a month after I quit paying. I told each of them what my attorney told me to tell them, which was that I am filing BK and they should call him, gave them his name and phone number. Some wanted to know why I was filing BK, especially since I had never missed a payment or had a late payment on any one of those or any other account I ever had. I explained to them that when they arbitrarily decided to jack my interest rate up to around 30% they put me in a position where paying my debts became impossible. They said they were sorry, and mostly quit calling. I did get one or two more calls after that but when I repeated again what my attorney told me to say the calls stopped completely. None of them were rude or harrassing. A few asked me to call them back when I had a case number after filing, but I'm not doing that.

    I don't know answers about your house but your attorney should know.

    It starts out scary, then it's nerve-wracking, then it's uncomfortable, then it starts to become something you can accept, then you start to feel relieved. I'm not discharged yet but I imagine that's a great feeling.

    Good luck to you.

    Comment


      #3
      The bank/lender will not foreclose on your house if you keep the property and continue with your on time payments.

      Don't worry about late fees and such with CC's. In a Ch.7 BK, the debt is gone, so you're not responsible.

      You may receive phone calls from your creditors until they physically receive the Automatic Stay. No biggie. Just keep referring them to your attorney. You can tell them which chapter you're filing, but I wouldn't tell them what you're keeping or surrendering. Make it brief and to the point. Tell them as little as possible.
      Bankruptcy History:
      Chapter 7 filed - 10/12/2005 - Asset
      Discharged - 02/16/2006
      Case Closed - 11/08/2007

      A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

      All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

      Comment


        #4
        Make sure you bring that agreement to the lawyer and get his advice. I know this lawyer comes by recommendation, but do yourself a favor and get a couple more free consults afterwards so that you know who you feel most comfortable with and to see if their answers are in synch.
        *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

        My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

        Comment


          #5
          does this sound stupid

          Originally posted by anonymuse View Post
          Make sure you bring that agreement to the lawyer and get his advice. I know this lawyer comes by recommendation, but do yourself a favor and get a couple more free consults afterwards so that you know who you feel most comfortable with and to see if their answers are in synch.

          no no no it does not

          i hired a attorney for 3500 cash from start to finish including fixing my credit report and getting credit.

          half way through, she had ger license pemanetly suspended from practicing law in ohio.

          after i found this out, i started searching the internet. and i found out were she would not give money back she was not entilted to, lost peoples houses and cars for not calling them back.

          i found were a credit card company objected on my ch 7 on the last day, i contacted her and she wanted 2000 more to fight it. she lost her license 2 weeks after that. i started calling people to make sure they had the info they needed. when i contacted the cc company's lawyer that objected, she said she was contacting her after the 341 meeting. she said my attorny would not comment on a settlement.

          my attorney just wanted my 2000 more bucks basicly


          well i have another attorney to fix her mistakes, after we fix it, there will be a law suit filed against my old attorney

          so do your homework, if a attorney promises you something, get it in writing, and if all else fails sue the shit out of them

          Comment


            #6
            $3500 for bk is highway robbery. should've shopped around.

            r
            Filed: 05/04/06 (los angeles)
            341: 06/05/06
            Discharged: 8/29/06
            Closed: 9/08/06

            Comment


              #7
              Originally posted by razorguns View Post
              $3500 for bk is highway robbery. should've shopped around.

              r
              Depends on how complicated the case is.
              *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

              My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

              Comment

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