Filed this morning Ch 13 Pro Se

[JustChillin]

I filed an emergency petition Chapter 13 this morning pro se. I used to work as a bankruptcy paralegal eons ago and I tell you it is hard to separate your emotions and fears from the case. I filed this morning and then promptly burst into tears, because I feel like I had failed.

I had to file to save my house: I had one of two choices: either payment July's payment on Monday, and pay August's payment on 9/22, and be late for September's payment and receive another notice of default just as soon as I pay August's payment; or I could nip it in the bud and file a Chapter 13 put the payments in the plan, and pay next week's payment on time, 9/14/05.

Do you think I made the right choice? I feel guilty about filing, but I had to do it to turn things around.

[HHM]

Well, I don't know if it was the right choice overall because I don't have enough information, but if you can't make the payments, you can't make the payments, thus, you must do something. At least you are being proactice about it, many people wait until the day before the house goes to auction to file.

What happened that got you behind on your house payments?

[JustChillin]

Reasons for being behind

I got sick in July and missed two weeks work, alternator on Pontiac Grand AM went bad. There went 1 payment. ($560+100).

In August, both cars went down. Water pump on Grand Am (expensive job $450), and the left front brake on my Ford had to be replaced along with brake pads ($200). Another mortgage payment.

I am able to make the payments just these two months have been @##@$ and I have a nice paycheck coming next week for the 1 post petition payment.

I have also been offered possible future permanent employment with my boss. It was a temporary setback in July and August.

[HHM]

Did you try contacting the Mortgage company...Usually if you are only a month or two behind and explain it to them, "sometimes" they will work out a plan. Which usually involves making a payment plus a half payment each month to get caught up.

[FloridaGirl]

Oh my Gosh, Justchillin! What year is your Grand Am? Mine is a '96 and over the last several years, I have had to put major money into it. I've had to replace the alternator, water pump, heater coil, starter, starter sensor and air compressor. I'm probably forgetting things too. I mean, damn! They make these cars to fall apart even before they are paid for. Mine has been paid off for a couple years, but most of those repairs came before it was paid for! I've put thousands into my car to keep it going. I just couldn't afford another car payment.

[JustChillin]

Tell me about it!

Oh my Gosh, Justchillin! What year is your Grand Am? Mine is a '96 and over the last several years, I have had to put major money into it. I've had to replace the alternator, water pump, heater coil, starter, starter sensor and air compressor. I'm probably forgetting things too. I mean, damn! They make these cars to fall apart even before they are paid for. Mine has been paid off for a couple years, but most of those repairs came before it was paid for! I've put thousands into my car to keep it going. I just couldn't afford another car payment.

Mine is a 1993 Pontiac Grand AM. I am in the same boat. These repairs started my spiral into hades. I am including the car in my chapter 13 and make payments through the plan. The water pump was $40, but it cost over $300 to put it in plus tax and extra sealant/gasket. I couldn't believe it.

Yesterday I was cashing a check and someone picked my pocket and took my car keys. Luckily I had my purse in trunk. Two nice gentlemen helped me get into my car,but now the driver side door lock and trunk lock don't work. I have to climb in on the passenger side. This bad luck has got to end, so I filed this morning without an attorney, I'll get one between now and my October 12, 341 meeting.

[JustChillin]

Don't trust the seller.

Did you try contacting the Mortgage company...Usually if you are only a month or two behind and explain it to them, "sometimes" they will work out a plan. Which usually involves making a payment plus a half payment each month to get caught up.

I don't trust the dude. I didn't want to wind thinking I had a deal and then have a notice of intent to forfeit or eviction notice on my home. So I took the only way I thought might work.

It is a private mortgage - real estate contract. The wording in the deed is all pro-seller, not pro-buyer. My judge is the "expert" on real estate contracts in my state and he rules that if no notice of Forfeiture has been filed with the county clerk which this dude can't do until September 13th. I should be able to assume the REC and cure the arrearage in the plan. I have the funds to keep the payments both outside and in the plan timely.

Worst case scenario. Even if he is aggressive after I file, he will have to file a motion for relief from stay, I have 20 days to answer, schedule preliminary hearing with judge, either work it out or schedule a final hearing. I will have 60-90 days to get the contract back into non-default status.

[HHM]

I am sure you aware, that you only have 15 days, from the date you filed the emergency petition, to complete your schedules and file a Chapter 13 Plan. (or did you do all that already).

If you are still making payments on that car, you will definately want to do a "cram down", whereby you reduce the value of the car to the current market value, and pay that off over the course of plan, which usually lowers your payments.

[JustChillin]

I am sure you aware, that you only have 15 days, from the date you filed the emergency petition, to complete your schedules and file a Chapter 13 Plan. (or did you do all that already).

If you are still making payments on that car, you will definately want to do a "cram down", whereby you reduce the value of the car to the current market value, and pay that off over the course of plan, which usually lowers your payments.

I have the schedules done and the plan done, all that I am waiting on is the credit report and I am going to go through all my old mail to make sure I haven't missed any creditors. You bet I am cramming down that car, it is upside down about $400.00, but the interest rate is 37% and with the Till decision it should be prime+1.5% or 7.5-8%.