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Chapter 13 May be only answer - Need Advice

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    Chapter 13 May be only answer - Need Advice

    I posted my situation in the 'general section', but since my question is related to Chap 13, I think I would post here.

    I have made some really stupid financial decisions as well as run up insane CC debt in the last few years. I have recently moved to CT near the Hartford area for a job. I did something stupid and signed a contract & put a deposit down for a condo that is being constructed.

    I realize that I can't afford it given mortgage rates of today & my total debt load. Looking at a total P&I of $1,750 assuming 10% down + $250 for condo fees + Property taxes which will likely be $4,800 annually + PMI Possibly + Utilities (gas + electric in CT can be in the hundreds during the winter).

    I stopped payment on the check. Now I am likely going to be sued by the developer and likely for civil damages as well. I did this because I didn't want to have to worry about this check being cashed and then having to worry about if & when I would see that money back. As of today, the check has not been cashed & it is 30 days old.

    These are my choices:
    1) Lift the stop pay. Go thru with the purchase even if I am looking at 'subprime' mortgage rates & file for chapter 13 on the credit cards approx 6-9 months after closing.

    2) File for chapter 13 now. Hopefully that can 'stay' or 'stop' a judgement and tell the developer that I couldn't get financing or financing at a prime rate. The mortgage broker that the RE agent referred me to preapproved me based on a CT FHA First Time Buyer program with 3% down @ a 5.30% rate (as of early June) that I never locked in. Plus subject likely to PMI. I realized that I cannot qualify for b/c I have not been a CT resident for more than 2 years and because of my debt ratio. I would have to go stated on a 80 / 10 / 10 program with rates on the first mortgage between 7% - 9%.

    I am single & make $75,000 a year. I don't have any substantial assets except a brokerage account with about $80,000 in it. I can split $40,000 for DP, and $40,000 for Credit cards but that will still leave about $30,000 in credit card debt.

    I am also looking at being sued by other parties as well:
    1) MCI on my landline phone back in NY that I have a past due of over $400 on .

    2) LA Fitness gym

    3) My landlord back in NYC because I in affect broke a lease that runs thru Mar 31 2008.
    Last edited by NAL123; 07-15-2007, 07:45 PM.

    #2
    Originally posted by NAL123 View Post
    I posted my situation in the 'general section', but since my question is related to Chap 13, I think I would post here.
    NAL, you aren't going to get any different answers here than you did in the General area because our Ch 13 members typically look in all the forums, most especially the General Bankruptcy Talk area. However, I'll leave this here for a few days to see if you get any other responses.

    Members, if you have suggestions for NAL, I suggest you add them to his/her first General Bankruptcy Talk forum question at http://bkforum.com/showthread.php?t=15495 so that everything stays in one place. Thanks! -lrprn
    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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