top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Needing some advice

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Needing some advice

    I have been trying to do some research to find out what all of our options are and found this site. I have been reading over many of the posts and you give some good advice and was wondering what you would say with mine. Me and my husband have gotten to a point we don't know what to do anymore.
    Here is our situation: June of 01 my husband had hit 2 deer in 2 days totaling 2 cars. We had no choice but to file chapter 7 then. We filed on everything but the house. We have been fine until May of 04 when my husband was helping a friend and stepped off of a ladder and blew his knee. He was off of work until Oct. We managed I was working and he was getting disability and we were paying stuff but was kind of slow. He gets back to work and things were going great. Until Mar of 05 I got laid off from work with no intent to re hire.
    I decided to return back to school for a nursing degree. I am attending full time right now. My unemployment ran out about 4 months ago so we are trying to get by on his income. He makes to much money to get any type of assistance from the state. On average he brings home about 520.00 a week. Here we are with a mortgage of 528.00 a month ( we are behind 2 months) A car payment of 492.00 a month ( behind 2 months) a personal loan that the work car is being held payment is 160.00 a month behind on it too and a personal loan for 97.00 these are all bills that we have been paying on for at least 2 years so we haven't tooken anything new out.
    We have about 14,000 in medical debt. 2 have taken us to court so I am making payments on them. There was no judgement we made payment aggerange before going in front of judge. Plus trying to send some type of payment to the other accounts. Also the heating bill is getting higher and our water bill keeps going up (not using anymore than we have been rates have been going up). We are at a point where we have more going out then coming in. We owe 64,000 on the house and I don't think we could get that if we sold it. 2 houses on the block sold for under 50,000 last year and they were bigger in size. Our car we owe about 17,000 and with a trade in we would only get about 11,000 for it. Plus with our income to debt ratio we can't do a trade in or refinance because of our credit. My husband drives 40 miles one way to work and we live in a rural area so we do put on alot of miles and gas price is a factor too. We don't have cable I have been trying to figure out how to manage but don't know how too anymore. We have 2 boys 11 &12 and they are growing out of everything so fast right now. I am attending school full time I am getting my pre reqs done right know. I won't know until Mar if I do get acceptted into nursing. They go by who has the highest gpa so I spend alot of time studying.
    I am at a point I don't know what to do. I have an appointment with an attorney on wednesday. Can we file on everything in chapter 13 and still keep everything. I have no problem making payments when we can afford them. I'm to a point I am fed up with credit and credit scores and just want to hide out in a cave until I get through school and get a job.
    What are our options? Any advice or suggestions would be greatly appreciated. Thank you for taking the time to read this. Thanks
    Last edited by bckthuzs; 01-28-2006, 09:53 AM.

    #2
    just a thought...

    are you able to edit your post and make a few paragraphs for us. it might help us read it. the font on this site is tough to follow lol.

    breaking out questions makes it more likely you will get some replys also.
    Im not an attorney or a trustee. You cant trust me either though!

    [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
    [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
    [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
    [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

    Comment


      #3
      I feel for you BCK. when it rains it pours. You've had one run of bad luck after another.

      I don't know the answer to your situation. Wish I could help.

      I'll do a quick, short version of your situation so others might comment.

      BCK's main points:

      Filed Ch 7 in 2001 on everything else, kept their house.
      BCK got laid off in May 2005
      BCK went to Nursing school, but unemployment has run out.
      Hubby's net is $520/wk
      Mortgage is $528/mo, 2 months behind
      Car payment of $492/mo, 2 months behind
      A lien of $160/mo against another vehicle, I think
      They have a car loan of $17K on a car worth $11K so they cannot trade/sell
      Personal loan of $97/mo
      They owe $14000 in medical bills from the past
      They owe $14000 more on the house than it's current market value
      Outgo is more than income

      Can BCK file Ch 13? Any options or suggestions?
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        Your story sounds "similar" to ours in that we filed a 7 in 01 and now we just filed a 13 on 1/10. We filed because of a foreclosure because of back mortgage payments when I was out of work for 9 months as a result of a layoff. I know it is hard - and the feelings of defeat and worthlessness are common - but when I got the letter from the trustee and it said "I commend you for paying your debts" I had to remember that I AM paying my debts and I am doing what it is right. Granted, this is hard - it is no fun.

        Hang in there... I got my official budget that the trustee accepted and they gave me much more than I thought they would and even put some things in there I didn't ask for - guess I found a good lawyer who has a good relationship with the trustee.

        Can't really give you advice about what to do - but can tell you that if you do file - and you do qualify for the plan - be sure that your budget is as generous as it can be under the law to help you succeed.

        GL - and best wishes with your education...
        Ang

        Comment


          #5
          Thanks sounds like I got the story straight but too long. Thanks for tweeking it up sometimes get to carried away with typing. Glad to know that I am not the only one in this situation.

          Comment


            #6
            Bckthuzs-

            Start working on what your monthly expenses are. Include your house payment, utilities, groceries, clothes, etc. At this stage-do not include your medical debt payments, or any unsecured personal loan payments. (There are a few threads with suggestions on trying to help include EVERYTHING that a normal household MIGHT spend money on.)

            When you subtract the outgoing from the incoming, what is left? This is what you have available for a ch. 13 plan. It will go to the past due amounts on the house/cars, and anything left-if any at all-will go to the other things.

            How long have you been in the car? If you bought it more than 2 1/2 years ago, you might be able to only pay the $11000 it is worth in a ch. 13. If not, you might still be able to include the car loan of $17,000 in the plan, and if so, it would help you by spreading out the # of months it has remaining.
            Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

            Comment


              #7
              if you want info on how calcing the budget then be sure to ready my thread in my signature line on making budgets.
              Im not an attorney or a trustee. You cant trust me either though!

              [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
              [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
              [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
              [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

              Comment

              bottom Ad Widget

              Collapse
              Working...
              X