I live in illinois. I received a letter two weeks ago saying that the foreclosure processed had begun on the home that I live in. I need some advice. I filed chapter 7 four years ago. I have four rental property's that all went in foreclosure. I was able to do a short sale on one and two were sold in a sherrifs sale. The last on will be auctioned off 9/20/07. I really want to keep my home. I was behind on the taxes and insurance and my mortage company paid them. My payment went fron $1,000 to $1900. I got behind. If I do a chapter 13 will I still have to pay $1900 a month? Could I included the rental property also? ( I have a Section 8 tenant living there). And it is a way to get a better interest rate? PLEASE GIVE ME YOUR THOUGHTS. Thank you.
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As you know, you can't file Ch 7 again for four more years after your first Ch 7 discharge. But as you note, you could possibly file Ch 13 if you show sufficient disposable income on the required Means Test.Originally posted by downandout View PostI live in illinois. I received a letter two weeks ago saying that the foreclosure processed had begun on the home that I live in. I need some advice. I filed chapter 7 four years ago.
Did you recognize any profit from the property sales in the last six months? Do you expect to see any profit after this last property is auctioned? (I know the answer is very likely no....just want to be sure.)I have four rental property's that all went in foreclosure. I was able to do a short sale on one and two were sold in a sherrifs sale. The last on will be auctioned off 9/20/07.
Yes, you will still have to pay $1900 a month unless you want to try a renegotiation with your lender before filing.I really want to keep my home. I was behind on the taxes and insurance and my mortage company paid them. My payment went fron $1,000 to $1900. I got behind. If I do a chapter 13 will I still have to pay $1900 a month?
Hard to say, D&O. With the rental properties involved and the fairly recent Ch 7, you really need sound legal advice from 3-4 experienced bankruptcy lawyers in your area. Most give free initial consultations. Start making those appointments - you will learn a great deal about what your best options are.Could I included the rental property also? ( I have a Section 8 tenant living there). And it is a way to get a better interest rate?
Couple of question for you....if you look back for the last six calendar months, how much income have you earned from all sources, including your rentals? Will this amount stay stable for the coming months? Do you have other secured assets (a car, for example) that you want to keep as well? This can help us sort out if Ch 13 is a realistic possibility for you.Last edited by lrprn; 08-31-2007, 07:08 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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