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Major house repairs during a BK?

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    Major house repairs during a BK?

    We have been told by 3 roofers that our roof will not last the winter. Our furnance person told us last week that it is on its last leg and could go anytime- that he couldn't even service it. Our atty tells us that the trustee will not permit us to keep any tax refund or any excess income we have had (another long issue) to cover these costs. I am at a loss. We have 6 months left, and if we have to make choice to repair our roof of finish the bk - the choice has to be to fix the roof. I suppose we could always walk away from the house. We have been turned down for a roof loan due to LTV and credit (BK 13). Anyone else run into this sort of issue? What was your result?

    #2
    Your roof either leaks or it does not. As long as you have no leaks, don't worry about the roof. If it start leaking, install you a "Florida Roof" on it. You can do that pretty cheap to get by until you can do something different.

    Don't stop 6 months short of a bk discharge.......
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

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      #3
      I'd get a few buckets and a couple of space heaters before giving up on a Chap 13 with only 6 months to go.

      Have you asked your attorney about petitioning to modify your plan? If you did that, it's not up to the trustee to decide, it's up to the judge.

      Frogger, what's a "Florida Roof"?
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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        #4
        Plastic sheeting.
        11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

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          #5
          That's even cheaper than buckets!
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment


            #6
            I agree with above that there is no way I would walk out of a 13 with only a few months left. Do whatever you can to make it through the winter.

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              #7
              Originally posted by spidge View Post
              Plastic sheeting.
              Yup. Or one of those big blue tarps. Or one of those big ole' plastic billboard signs that are coming down that needs to be disposed of. One of those and some nails, and you can solve the problem for a long time for virtually nothing. No buckets required.
              All information contained in this post is for informational and amusement purposes only.
              Bankruptcy is a process, not an event.......

              Comment


                #8
                Thank you all for the replies! We have pursued that option - I am not above it! :-) Problem thickens...we are in a strict HOA and we have approached them and they said absolutely no way would they allow it. Will never ever ever be in a HOA again. I suppose at this point it is what it is and if worse comes to worse I will have to put up plastic sheeting and deal witht he HOA when they throw a fit.

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                  #9
                  at the most the HOA will levy fines and move to foreclose... it will take time and six months will go by and you will be done with your BK. don't give up with six months to go

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                    #10
                    In my district, I would petition the Court to either incur new debt, for a "moratorium on plan payments" to pay for the necessary repairs or file a Motion to keep the income tax refunds. I would imagine your district probably has similar options depending on your specific case.
                    Any information posted by me is for general informational purposes only. While I am an attorney, I am not YOUR attorney and any information I provide is not legal advice.

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                      #11
                      I don't know what state you are in but where I live in an Hoa and I am Vp, the cannot foreclose on fines, only dues. They can take you to small claims but they usually don't, it's a hassle. Let them fine you then offer a lump sum to pay it later.
                      Discharge date: October 2017 (will it ever get here?)

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