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    Re: Chapter 13

    Income, from UI 430 week. House value, $350,000. 1st and 2nd mtgs=440,000. CC debt $43000. Upside down on Auto Owe 12,000, worth 6,000. Just got of the phone with an atty who said, we'll go for a 13 to save the house. I have read the nolo book on Chap 7 and can't figure out how he will be able to have a 13 work for me with these #s. Going BK solo, wife wks, $30K Yr , not paying towards house, name not on Mtge however is on the deed. Any thoughts how a 13 would work?
    Filed Chapter 7 Pro Se 11-2009
    341 Mtg 1-2010
    Discharged 4-2010

    #2
    Originally posted by lookinupn09 View Post
    Income, from UI 430 week. House value, $350,000. 1st and 2nd mtgs=440,000. CC debt $43000. Upside down on Auto Owe 12,000, worth 6,000. Just got of the phone with an atty who said, we'll go for a 13 to save the house. I have read the nolo book on Chap 7 and can't figure out how he will be able to have a 13 work for me with these #s. Going BK solo, wife wks, $30K Yr , not paying towards house, name not on Mtge however is on the deed. Any thoughts how a 13 would work?
    First, a request....in the future, please, not so many abbreviations and fractured sentences....my brain hurts! lol! Seriously, full words and complete sentences will get you more responses to your questions, I promise!

    Now let's see....a few questions for you first....

    1. Does UI stand for "unemployment income"? "University of Illinois"? Something else?

    2. You said your house was worth $350K and you owe $440K. How much do you owe on each mortgage loan?

    3. Do you want to keep the house when you file or are you willing to give the house up?

    4. Are you behind on your mortgage payments right now?

    5. Which state do you live in? (I'm asking to see if you are in a community property state.)

    6. Besides the house and one upside down car, do you have any other secured assets or property?
    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


      #3
      Sorry for the misques

      OK here we go:

      1: Unemployment Ins.

      2: $347K on 1st, 85K on 2nd

      3: It would be nice to keep it, but how?

      4: Behind $25K

      5: NY

      6: No

      I really appreciate your help. My plan after getting advice here, from the NOLO book and outside sources, was to go Chap 7 pro se. But after the conversation with the atty, I needed to ask the questions here. And, again, Thanks Irprn
      Filed Chapter 7 Pro Se 11-2009
      341 Mtg 1-2010
      Discharged 4-2010

      Comment


        #4
        I am not a pro at this by any means, but being on UI and being in debt up to your eye balls...I'd walk away from it all and file a ch7. JMHO

        Comment


          #5
          Yes, sassiebaz, that is exactly what I am going to do. Especially after meeting with 2 attorneys and the pro se clerk at my district. Going to get the paperwork ready to hopefully file Oct 15th.
          Filed Chapter 7 Pro Se 11-2009
          341 Mtg 1-2010
          Discharged 4-2010

          Comment

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