Secured/non-secured Chapter 13

[CoffinNails]

Hey....I have two credit card companies that have successfully placed liens on my home. I am in process of filing Chapter 13 and am unsure how to "identify" those two creditors........i.e. Are they now secured priority/secured non-priority or un-secured priority/un-secured non-priority? Any help would be appreciated.

[HHM]

Well, if they have liens, then that means they have judgments so yes, they have a security interest, but I can't really tell you how to specifically list them.

I take it by your question, that you are not using an attorney. I strongly advise you to get an attorney to file a chapter 13, and especially if you have judgments against you. It's generally not that expensive to hire and attorney to do a chapter 13 because most of the attorney's fees are paid through the payment plan.

[CoffinNails]

Thanks HHM..yes, I am doing it myself in Florida. Attorney(s) wanted minimum of $1500.00 upfront. My wife is going to courthouse now with ONLY the first two pages, Social Security page, actual foreclosure paper and list of credit card creditors. That is ALL the court requires to stop the foreclosure(after which we have to call the mortgage company to notify them we have begun bankruptcy proceedings). The court then, within 2-3 weeks ask for the remaining forms to be submitted.

[HHM]

Thanks HHM..yes, I am doing it myself in Florida. Attorney(s) wanted minimum of $1500.00 upfront. My wife is going to courthouse now with ONLY the first two pages, Social Security page, actual foreclosure paper and list of credit card creditors. That is ALL the court requires to stop the foreclosure(after which we have to call the mortgage company to notify them we have begun bankruptcy proceedings). The court then, within 2-3 weeks ask for the remaining forms to be submitted.

That's fine, but the deadline to complete the BK petition and Chapter 13 plan is 15 days from the date you file the "quick file".

[CoffinNails]

Okay......I was probably off a little on the 2-3 week. That doesn't matter because most of the forms are complete. Our situtation is "simple" in that it involves just being late on house payments and mortgage company wouldn't work with us because of credit company liens from 5 years ago. "That is our policy now" according to mortgage company representative. Our personal belongings are practically nothing so all the personal property forms were quickly filled out. Once again, my holdup is how to identify/place the two credit card companies who placed liens on our home five(5) years ago. We know they were un-secured at first but now do they become secured and then are they secured priority or secured non-priority? I could always label them as secured non-priority and then wait for a court ordered "amendment". Thanks for your help so far.

[HHM]

Well, this is why you need an attorney because you may be able to remove those liens via a Motion to Avoid Lien, and then you can classify them as an Unsecured Debt.

You situation is a too complex for this forum and is too close to legal advice (which this board cannot provide) rather than practical advice (which this forum does provide).