I will be filing on September 5th...

[SinkingFast]

You need to file at least 5 days prior to the actual sale, to allow for getting your Credit Counseling Certificate, if you don't already have that requirement done.

I read the same thing at several websites:

"That's because a new provision requires that people filing for bankruptcy must undergo credit counseling before or within five days after filing their bankruptcy petition. To show you've complied with that requirement, you have to file a certificate with the bankruptcy petition stating that you've completed an approved credit-counseling course."

http://www.alta.org/indynews/news.cfm?newsID=3762

So if you've got your Pre BK Cert done, you should be good to go to stop the Foreclosure.

[drivermom]

I am filing about 9 days before the sheriff's sale.

[SinkingFast]

If you loose your job and get new employment,..............

If you have a significant change in income, you are gonna have to notify the Court. If your income goes up, your plan payments probably will as well. If your income goes down, your attny can file to ammend your plan to reduce your payments accordingly.

If you loose your job, don't get a new position, and decide to sell your house to pay your Ch 13 plan,..........

You'll have to petition the Trustee for permission to sell your house.

The minute you file BK, everything you own becomes a part of the BK Estate. The BK Estate is governed by the Trustee. You can't take on new debt except to buy a vehicle. That's only after you've been in the plan for a year, and you'll have to get the permission of the Trustee.

You said you are filing close to a Sheriff's sale of your house. How close??!! Do you have a week or so before the sale or are you trying to file on the day of the Sale?? Part of the New Law specifically addressed Emergency Filings to prevent Foreclosures and Evictions. If you're trying to file on the day of the sale, you may not prevent the Foreclosure from proceeding.

[drivermom]

I have atty. I'm basically filing so I can keep my house. I'm just nervous.

The only question I can think of is job loss. Can you keep making payments if you lose your job? Can you sell your house while in Ch. 13 bk, if you find you can't make it?

I should be able to make it fine and I have had my job for 18 years but you never know what will happen.

[drivermom]

I have am atty. I am also filing close to the sheriff's sale. I am basically filing to keep my house.

The only question I can think of is, if you lose your job or find for some reason you can't make it, can you sell your hopuse while in Ch.13 bk? Also, if you lose your job while in bk, can you still just keep making payments if you get another job?

I don't plan on losing my job but you never know what may happen.

[drivermom]

I have an atty, I guess I don't have anything specific to ask. I am basically filing to save my house. I really don't have much cc debt(about $1000) but I have some other debt to clean up. I had a car accident and totaled my car and I am filing on the balance of that loan ( after insurance paid what they did) I also have some bad checks in collection and I am filing on those. Also an old cell phone bill. I'm just alittle nervous.

I did think of a question, while you are paying the trustee, if you lose your job, can you just keep making payments if you get another job? Can you sell your house while in ch.13 bankruptcy if you find you can't make it? I should be fine. I have a good job of 18 years and I do want to keep my house, but theorectially.

[SinkingFast]

Are you filing Pro Se or using an attny??

Anything specific you want to discuss or ask??

[Jman30]

Hi Drivermom,

I could give advice all day, but the topic is pretty wide open.

Anything specific you want to know??

[drivermom]

Anything I should know? I have figured out my budget after I file. Any helpful advice?