top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Question about liens and Deed of Trus..Sorry, Long

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

    Question about liens and Deed of Trus..Sorry, Long

    My husband and I are faced with reality of filing bankruptcy. We live in NC and our income falls right below the median income. If we complete the means test we show $-4.89 disposable income. We were forced out of a business last year--why we are $100K in unsecured debt. We moved to different part of the state to start over but my husband did not find a job as quickly as we hoped nor is he making what we had hoped. We sold our house last July and paid off what we could and pur some aside for living expenses to carry us through.
    In November 2006 we purchased a home. My dad loaned us the money for the down payment and we have a recorded deed of trust and a promissory note for the amount ($56K), payable to him. We actually have no equity. In addition, he just bought us a car, we are having to let our other two go b/c we were way upside down. At the time we had not thought about bankruptcy. He paid $17000 for the car and put it in my husband's name--however, he holds the lien on the title and we have to pay him back. How problematic are these issues going to be. We are scheduled with an attorney next week but in the mean time the creditors are starting to his us hot and heavy and we want to know if a BK 7 or 13 is going to be possible and us keep the one car and the house. TIA!
    Filed Chap. 7 - 9/21/2007
    341- 10/29/2007

    #2
    Is the debt credit card debt or just unsecured debt. If it is related to a business, you may not have to worry about the means tests as it only applies if the debt is "primarily consumer debt"

    Just a thought to mix in with everything else.

    Comment


      #3
      Anyone have any thoughts on this? Thanks for your help.
      Filed Chap. 7 - 9/21/2007
      341- 10/29/2007

      Comment


        #4
        You should be ok with the loans from the father. It sounds like you did all the paperwork properly...and it is a "purchase" money security...its not like you encumbered the assets just to get into the equity exemptions, so you should be fine.

        Comment

        bottom Ad Widget

        Collapse
        Working...
        X