Evening everyone. I finally met with my atty today. Filed a motion to dismiss my 7 and convert from to a 13. My payment is a lot higher than I expected, looked over the paper work closely, and unfortunately it's correct. I'm at $818 per month for 60 months, ugh. But am hoping that some of the creditors won't file a claim and that will decrease my payment, wish me luck. However I'm really confused now and hopefully someone can set me straight.
I have a car that I'm co-owner on with my son. I had planned on re-affirming the vehicle, that I have and use, so that the BK won't show on his credit file. I told my atty this but he said that the car payment would be included in my monthly payment to the court/trustee. He said that I won't be paying it separately, and that it won't affect my son's credit. I thought in order for it not to affect a co-signer/co-owner the person filing BK would have to reaffirm the vehicle and pay it outside of the BK? He said the same thing about my furniture payment. Both these debts are secured which must be paid etc. He said both debts will be extended through the 60 month period. Any thoughts?
Also, $25000 of the debt is for an unsecured/repo of another vehicle. If they file a claim we will object due to the fact the lien holder (Wells Fargo) never notified me of the sale, which is required by FL State Statute, nor have they filed any suits against me, nor have they sent me any collections, etc. The car was repo'd in Sep 07. They sold the car at a private sale on Oct and only notified me after they sold it, etc. They were supposed to notify prior to any sale, etc. And to top it off, they listed the debt as "charged off" on my credit report.
Any help/advice/information would and is greatly appreciated. Thanks again for everyone's help.
Oh yea, btw, my atty also said that I will NOT have to turn over the rebate, future tax returns, or report any increase in salary. He said they don't pay any attention, nor do they care. We shall see. I have my 341 on Monday for Chap 7 that I still must attend and advise them of the conversion, etc. Wish me luck!
I have a car that I'm co-owner on with my son. I had planned on re-affirming the vehicle, that I have and use, so that the BK won't show on his credit file. I told my atty this but he said that the car payment would be included in my monthly payment to the court/trustee. He said that I won't be paying it separately, and that it won't affect my son's credit. I thought in order for it not to affect a co-signer/co-owner the person filing BK would have to reaffirm the vehicle and pay it outside of the BK? He said the same thing about my furniture payment. Both these debts are secured which must be paid etc. He said both debts will be extended through the 60 month period. Any thoughts?
Also, $25000 of the debt is for an unsecured/repo of another vehicle. If they file a claim we will object due to the fact the lien holder (Wells Fargo) never notified me of the sale, which is required by FL State Statute, nor have they filed any suits against me, nor have they sent me any collections, etc. The car was repo'd in Sep 07. They sold the car at a private sale on Oct and only notified me after they sold it, etc. They were supposed to notify prior to any sale, etc. And to top it off, they listed the debt as "charged off" on my credit report.
Any help/advice/information would and is greatly appreciated. Thanks again for everyone's help.
Oh yea, btw, my atty also said that I will NOT have to turn over the rebate, future tax returns, or report any increase in salary. He said they don't pay any attention, nor do they care. We shall see. I have my 341 on Monday for Chap 7 that I still must attend and advise them of the conversion, etc. Wish me luck!
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