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    Just the beginning

    We have decided we must file chapter 13. I went to an attorney here in California and he scared me with his crooked ways more than anything. Needless to say I am meeting with a new attorney on Friday.

    We owe 300,000 on a first mortgage arm
    We also owe 46000.00 on a second arm
    We have 3 vehicles one 2006 Ford Suv, 2007 truck and a chevy 2006 which we are now late on payments.
    We also owe aprx 18000.00 in credit cards.
    I went through a job change which didn't work out and and now I am making 5.00 less per hour than before. Plus I have to travel a min. 80 miles per day to work.. All this and personal screw ups have lead us here.

    We have decided to surrender the house and if possible the chevy but I have been reading about something like if your truck isn't old enough you have to keep it. I am confused and what happens to the second since the amount on the first is even more than the property is worth.

    Sleepless nights sickening stomachs and no answers can anyone help me until I get to the attorney on Friday..
    Filing January 08.

    When a mistake becomes a lesson was it really a mistake?

    #2
    You're definitely able to surrender the truck if you want. The length of ownership comes into play when you want to "cram down" the amount you pay to the market value. If you are surrendering, then it doesn't matter .
    Filed CH7 - 10/13/05;
    341 Meetings: 11/28/05, 3/20/06, 12/4/07 (3d time's a charm!)
    Converted: 2/15/06 (to CH13), 10/15/07 (Back to CH7)
    DISCHARGED: 2/15/08

    Comment


      #3
      I would suggest you chat with a couple more attnys, besides the one you're gonna meet with Friday. You'll get more perspectives and a chance to "Meet and Greet". Possibly find THE person you're most comfortable working with who will do the best job for you.

      Also, by taking more time prior to filing BK, you get a chance to Research and Learn. Even if a qualified BK attny handles your case, you want to be an informed BK Filer. You want to know why things are happening in your case. This is YOUR BK, not your attny's. It's your life that's getting messed with here. Not the attny's.

      Are you chosing to go Ch 13, or is your income over the Median??

      Many people file Ch 13 when they can go Ch 7 because they want to save property. You're surrendering your house and a car. That's why I ask, is your income over the Median??
      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...

      Comment


        #4
        The big ARM-mortgage would kill any good plan.

        Comment


          #5
          Yes we are over the median. But I lost 20,000 per year with my job and this arm is killing us.
          Filing January 08.

          When a mistake becomes a lesson was it really a mistake?

          Comment

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