angelina
08-01-2004, 09:45 PM
:confused: :( hi , i nned help, auction aug6, i talk to few attroney and i live in ohio they said i ned to let house go that 13 not enough income t.7 they say i should not file since i did a cash advance of 5,000 a month ago. which i was trying to get money with with the tax money when that comes in( which is still out) to reistate the house well i cant do it b/c of my taxes didnt come back, so i use some to pay bills with it and incase of attroney fees. they told me to let auction go and then after total of 90 days pass then file bankrupty and then i could do a 7. is any of this true? also can they sue me before the 90 days are up( meaning the mortage company)? and will i be clear of the money they dont make off the house? one other thing my husband isnt working and he has a property from hi dad can they take that? i know there 5,000 home sttead not sure what that mean, but how long before they would take that house?i have 3 kids and nowhere to go, the house that in my husband name it in bad shape needs alot of work to live in it. so could you please tell me i trying to see if i should just file and take that chance of stalling the sale enouhg time to get a place to live? and do they kick you at on the day of the sale? thanks just a concern mother trying to save a house with 3 kids.i live in alittle town and it hard to find a place to live. oh yes one last thing i owe 95,000 and the sherrif got it for 70,000. thanks angelina
:confused: :( hi , i nned help, auction aug6, i talk to few attroney and i live in ohio they said i ned to let house go that 13 not enough income t.7 they say i should not file since i did a cash advance of 5,000 a month ago. which i was trying to get money with with the tax money when that comes in( which is still out) to reistate the house well i cant do it b/c of my taxes didnt come back, so i use some to pay bills with it and incase of attroney fees. they told me to let auction go and then after total of 90 days pass then file bankrupty and then i could do a 7. is any of this true? also can they sue me before the 90 days are up( meaning the mortage company)? and will i be clear of the money they dont make off the house? one other thing my husband isnt working and he has a property from hi dad can they take that? i know there 5,000 home sttead not sure what that mean, but how long before they would take that house?i have 3 kids and nowhere to go, the house that in my husband name it in bad shape needs alot of work to live in it. so could you please tell me i trying to see if i should just file and take that chance of stalling the sale enouhg time to get a place to live? and do they kick you at on the day of the sale? thanks just a concern mother trying to save a house with 3 kids.i live in alittle town and it hard to find a place to live. oh yes one last thing i owe 95,000 and the sherrif got it for 70,000. thanks angelina
you can still file a petition for Chp 7 the rule of thumb is you're responsible for all debts that your incurr that are less than six months old of the date of your BK filing. whether or not the lender still goes after the $5,000 cash advance is up to them. they may or may not attempt to collect it. if they do, you can always settle the debt.
because you waited until the last minute, things will be very difficult to get done. the automatic stay will cease the sherrif sale, but whether or not the lender will let you reaffirm the debt is up to them. if you're extremely far behind on your mortgage they most likely wont let you reaffirm the debt.
to be on the safe side, start looking for another place to live now!!!
Good Luck! :)
