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Thinking about filing Ch. 13

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    Thinking about filing Ch. 13

    I've been reading these boards for a month now. This is my first time posting.

    Here's my story.

    My husband and I purchased a condo in South Florida. We lived there for four years. During that time we had a baby, the condo was a one bedroom, so it was time to move. The housing market was way over priced, a nice, normal house would cost us $380+. We decided to move to Charlotte. My husband's job transferred him there and my job allowed me to work from home. During the four years we lived there we also purchased another apartment, which we've been renting out.

    When we moved to Charlotte, we tried to sell the condo, hoping to use that to pay off a lot of credit card debt and have some left over for a down payment on a house. We owed 214k on the condo. Two years prior it was appraised at 380K. We were surprised when the realtor told us we wouldn't be able to sell it for more than $160k, if we were lucky. So we decided to rent it out.
    Six months went by and no renters. So we were paying for rent in Charlotte and the mortgage plus HOA for the condo. Our large debt pile grew to a mountain. Before we knew it we had accumlated to $45k in credit card debt. We also had a 43K HELOC on the other apartment we bought.
    We finally found renters for the condo, but the rent was no where near enough. We had to pay 1k out of our pocket to meet all the expenses.
    In November, we stopped paying the condo, after our ARM mortgage went up by $500. We used the rent from the condo to help pay for credit card debt. It took us 4 months to realize that without that rent money we could not pay our bills. We were still living off credit cards. It wasn't until we completely stopped using them that we realized we can't pay.
    The condo is in foreclosure, actually we finally did get an offer, 160K. The bank is evaluating the offer. We still do not know if the short sale will be approved.
    So here we are. The tenants lease will expire in August. Without that money, we can't pay our bills. The tenant in our other apartment has decided not to renew. So now we must look for new tenants by June 1st. If not we'll be even more screwed.

    So far the foreclosure pending is the only negative thing on our credit report. We've never paid anything late. We are going to a credit counseling session today to see if a DMP will help us. But honestly I fear that bankruptcy is the only way. Maybe I'm wrong.

    So I have lots of questions, and I'm sure you'll be seeing lots of me.

    I just wanted to introduce myself.

    Do you all think bankruptcy will be my only solution?
    8/5/08 - Filed Chapter 7
    9/10/08 - 341 Meeting - It went great
    11/10/08 - Last day for Objections
    11/12/08 - Discharged & Closed!

    #2
    also wanted to add, I got pregnant when we moved to Charlotte and had horrible insurance. My baby is two months old and we just got hit with a 4700 bill!
    8/5/08 - Filed Chapter 7
    9/10/08 - 341 Meeting - It went great
    11/10/08 - Last day for Objections
    11/12/08 - Discharged & Closed!

    Comment


      #3
      Hi DWS and welcome out of 'lurk' mode to your first BK Forum post!

      From what you've described here, you do seem overextended with secured property and unsecured debt. One piece of information that would be helpful is to know approximately what your and your husband's income is from all sources over the last six months. Since you posted in the Ch 13 area, do you think you will have to file Ch 13 due to income? With this much secured property, you just might be able to file Ch 7. Have you discussed your situation with any Charlotte bankruptcy lawyers yet?

      How much are you paying each month for each of your homes/apartments? How short you are falling every month if you pay just your secured debts that you have right now?

      Are you willing to pare yourselves down to just your Charlotte house by surrendering all of the other properties if you file bankruptcy?

      Apologies for bombarding you with questions - it helps us help you better if we know a little more about your situation.

      Glad you decided to start posting - welcome to the boards!
      Last edited by lrprn; 04-28-2008, 02:40 PM.
      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

      Comment

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