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questions on discharge & 341 meeting

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    questions on discharge & 341 meeting

    My husband and I are going through a divorce. Right before finalizating the divorce, we decided to BK (ch 7) our $80K in credit card debt. We filed for BK on March 22. We had our 341 meeting on April 29th. We used an attny.

    We have a house, that I live in. He lives in an apt. We owe $281K on the house. We listed it worth $366K in the paperwork. So, I'm not sure if they consider selling costs, but even so, that shows about the $40K exempt limit. So, since we each have $1500 "equity" in each car (after the $5000 total (2) car exemption), the trustee said he wanted our cars or he wants $1500 for each car. He asked about our tax return. We have one coming, he wants that. He also wants our Bush Rebate Check, and he brought that up after our attny tried to help us, speaking up about the "wild card". The trustee also wants a copy of our tax returns.

    So, did the 60 days start yet? Or does it start after he gets his $3000 for the "cars", all the IRS money? Doesn't creditors need to have a chance to "show up" for me to dispute the bk? When does that occur? Before my 341 meeting, I watched others go thru their 341 meeting and he asked if anyone was there for the couple filing for BK... but he didn't ask during our meeting. When does the 60 clock start ticking?

    My attny wants a retainer for 3 hours, at $225 per hour. I have two kids and I'm trying to hold on to this darn house. How am I to pay the $1500 for my car and the $675 for the attny? My soon to be ex is thinking of giving them his car and leasing one afterward. Could he qualify to lease? We are in such bad shape right now. He's living in a crapy one bedroom. He is not planning on paying the 2nd mortgage, and let it forclose. I'm thinking of having him quick claim himself off the mortgage and I can struggle on my own with this mortgage pmt ($1560 + $570 per month). I make $40k per year plus $733/mo in childsupport. I have a job I put in for, to make $60k per year, so if that came thru I could keep the house. Also, perhaps I can get a roommate in a few months. Rent around here is about $1500 for a little old house.

    #2
    The 60 days starts after the first 341. (even if the 341 is continued).

    It is possible to get credit after bankruptcy, generally at a higher interest rate. I get offers for car loans all the time.

    Your house payment is approximately 50% of your income. I can't see a judge or lawyer signing on for a reaffirmation of the house, as reaffirming means it does not place an undue burden on you or your family.

    Personally I'd look around and find something else. If you can rent for 1500 then that's still more than a third of your income. You might have to settle for a smaller place, perhaps having the children share bedrooms.

    You don't mention what your car payment is, but the issue is not having the 1500 to keep it. You might have to surrender the car as well, but if you plan to do that I'd look around and see if I could find a cheap car something meant to tide you over for a couple years.

    It's a hard decision and I wish you the best.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

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      #3
      Hi. I have no car payment. Thank you very much for your reply, it was helpful.

      Comment

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