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    Finally met with lawyer...now what?

    Okay, so we finally met with a lawyer that at least seemed to know what she was talking about. We asked about the options we have as we are going to have to surrender our house. Basically, what she is suggesting is to move out of the house and get an apartment to set up a place to live and establish expenses. She suggested not paying on the three mortgages and letting the house go into foreclosure. Once in foreclosure she suggests we then file the chapter 13 (my income precludes us from Ch 7 even with the means test). She recommended keeping up on the credit card payments since we have recently used them. Unfortunately I don't think that's going to be an option as we will need the money from the mortgage payments to cover our rent and there will be nothing left to pay the credit card bills with.

    Does any of this make sense? Would I just shut off the utilities when I move and keep the insurance up to date until the home is taken? That seems to be the advice of others on this site.

    Her one concern with having us find an apartment now is that we will need our current credit to get a decent apartment and that if we file knowing we are going to give up the house, then the mortgage payments cannot be used for the list of expenses. Therefore we would need to know what our new rent and utilities will be for the ch 13 filing.

    So my basic plan is to move out within the next 4-6 weeks, let the mortgages go into foreclosure and then file ch 13 after 90 days (due to the recent use of the credit cards). She charges $2500 for ch 13 filings unless there are extenuating circumstances that require more of an effort. This is about half the price of the first lawyer I talked to who ended up not even returning my calls when I started asking detailed questions.

    jim

    #2
    The advice of a qualified lawyer you sat down with should be given great weight. Presumably, there was a lengthy exchange about details, so we can't really second-guess what makes sense. Generally, it is often a good idea to take care of getting an apartment, or buying a cheaper car, prior to filing so the BR does not present an impediment. With respect to the use of credit cards, it depends on what they were used for. Buying groceries, gas, and basic necessities rarely will be a problem even if used right up to filing and no payments are made. Buying a Plasma TV a month before filing is quite another issue.

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      #3
      That seems like fairly sound advice.

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        #4
        I would also keep your homeowners insurance current just in case something should happen to he property after you move out.

        good luck

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          #5
          Thank you to everyone for addressing my concerns. I was not trying to sescond-guess the lawyer's suggestions, but more trying to just feel out the experience of the people on this site. I have learned so much from this site and respect the opinions that people have here. I do think the homeowners insurance is one thing I'll keep active until the foreclosure is complete.

          We think we may have found an apartment and can now start getting a budget together to get ready for the Ch13 filing. After reading some of the Ch13 posts, I am quite scared of the repaymennt phase, especially as someone posted that only 10% of the plans actually get completed. If that number is real, it seems like ch13 is set up for failure. I will do my best to stick with the budget set up for us. There is no other way out at this point so five years of hell is better than an eternity without a way out.

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            #6
            Originally posted by aveda6 View Post
            ...especially as someone posted that only 10% of the plans actually get completed. If that number is real, it seems like ch13 is set up for failure.
            The last study of how many Ch 13s are successful was done in 1997 - it showed a 30% successful completion rate. [ http://govinfo.library.unt.edu/nbrc/.../08consum.html ] The 30% rate is somewhat deceptive because of the 70% remaining, 20% of those are converted to Ch 7. In reality about half the Ch 13 cases are dismissed. More than a few of the remaining 50% end up dismissed because filers didn't appreciate the need to immediately contact their lawyer when they get into trouble so he/she could start working with the trustee to modify their plan before payments were missed.

            Don't despair - it is possible with a lot of determination, persistence, good budgeting (and frankly, a lot of luck) to make it to the end of a Ch 13. It needs to be well-planned and realistic to start with, you need an experienced bk lawyer who is well-versed in the local bk culture and patterns looking after your interests when your case is filed, and your lawyer continues to work with you throughout your case. That's the main reason finding the right lawyer for a Ch 13 is crucial!
            Last edited by lrprn; 12-30-2006, 07:09 PM.
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

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              #7
              If you've been current on all your CC payments up until now, your Credit Reports may all look fine for a Credit pull to rent an apt. It generally takes a couple of months for the CRA's to catch up and start reporting your lates.

              We quit making payments end of December/first of January. Pull our Credit Reports in March and everything still showed as current.

              If you're looking to make a move in the next month or so, maybe go to http://www.annualcreditreport.com and see what prospective Landlords might find if your Credit was pulled soon.
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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