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Need to file and save my home

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    Need to file and save my home

    Hello, need some help

    We have been in financial trouble since 2005. Actually tried to file a 7 in 2005 and we were forced to a 13. my income was just over 110k and the wife about 35k. They wanted us to pay back over 900 per month. We didn't agree and had the bk dismissed. What i thought would happened did. Lost the job and the income. The wife had about 100k in unsecured debt, Me with 20k.

    Since then employment finally got better for me but no where near the income I used to earn. We defaulted on all the unsecured debt. My wife is almost done paying off a judgment for a boat through wage garnishment. I just got his with a credit card judgement for 2k. Paying 200 a month or they will do an income execution. One more judgement for 12k just got served. No one else has come after us.

    In 2001 we opened a heloc for 95k. We defaulted in 2007. In 2009 it was charged off. No one has attempted to collect or foreclose. There has been no correspondence since 2009 and no payments made. We still had a 95k balance at default.

    Our 1st is in arrears a few months. They paid our taxes for the last 2 years so we are into them for almost 20k. They are willing to work with us just haven't submitted a mod application yet.

    We want to stay in our home. Sounds like a Ch 13 can help?

    Here are the questions.....

    1. After a budget, what if there is only $300 left? Could we include the 2nd in the plan for $300 over 60 months and get discharged and get a lien release?

    2. We managed to pay off our vehicles over the last few years. We ended up keeping a convertible. We never sold it so we kept it and paid it off 3 yrs ago. Not worth a lot maybe 3k and needs a lot of TLC. Was planning on giving it to my son. Is this an issue?

    Any help is appreciated!

    Thanks

    #2
    Welcome to the forum!

    Presuming that your house is underwater, you can strip the second lien in Ch. 13. Do some reading around the forum, staring with stickies at the top of this forum.

    If I were you, I'd allow the son to drive the car but would not transfer the ownership/title to him if I were planning to file anytime soon, since this could cause issues in the BK process.

    Good luck to us all.
    No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

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      #3
      The best advice I can give you is you need to figure out whether or not you can actually afford to keep your home. It is a tough decision to consider/make but please sit down with a few BK attorneys (get a few free consultations) and totally go over your finances and see what would work for you. Best of luck to you...
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

      Comment


        #4
        Originally posted by confuzedone View Post
        1. After a budget, what if there is only $300 left? Could we include the 2nd in the plan for $300 over 60 months and get discharged and get a lien release?
        Only if the balance of your first mortgage is higher than the value of your home.


        Originally posted by confuzedone View Post
        2. We managed to pay off our vehicles over the last few years. We ended up keeping a convertible. We never sold it so we kept it and paid it off 3 yrs ago. Not worth a lot maybe 3k and needs a lot of TLC. Was planning on giving it to my son. Is this an issue?
        Yes, it's an issue. Do not give a gift to a family member if you are going to file BK.

        Flamingo gives excellent advice.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment


          #5
          The balance on my first is lower than the value. Value is around 160k. I owe 86k before any arrears. So if i cant can't include my second what would my options be? Would they force me into a ch7 and sell the house?

          I plan on setting up a consultation with an attorney. I'm just trying to get an idea on what I would be facing.

          As far as the car, would it be possible to add the value of the car and pay that through the plan?

          Comment

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