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    A few questions

    I know, I'm asking a ton of questions, I'm so sorry! I promise once I get things figured out, I'll slow down on questions, and start hopefully helping others get answers! We are pretty sure we will be filing (possibly first of August), and don't know where to start. I'm in KS
    I have the following questions.
    1. When do we need to see a lawyer?
    2. Do we need to be totally caught up on our vehicle loan? (we are 1 1/2 months behind now and really need to keep this one vehicle, not the one repoed)
    3. Once we file, when will the creditors stop contacting us?
    4. Once we file, when do we stop paying the vehicle & home loans or do we keep paying until we are discharged and close?
    Discharged Ch 7 9/10/08
    Livin' the GOOD life

    #2
    Originally posted by nomoneynomore View Post
    1. When do we need to see a lawyer?
    If you intend to file in a few weeks, you need to make free consultation appointments with 3-4 bankruptcy-specialty lawyers in your area as soon as possible. Here's some advice about how to find a good bk lawyer - http://bankruptcy.lawyers.com/Bankru...od-Lawyer.html and http://moranlaw.net/selecting.htm

    2. Do we need to be totally caught up on our vehicle loan? (we are 1 1/2 months behind now and really need to keep this one vehicle, not the one repoed)
    If you want to file Ch 7, then you must be caught up on your car loan when you file.

    3. Once we file, when will the creditors stop contacting us?
    Yes. As each calls, give them your lawyer's name and case number. Within a few weeks as the news winds through their accounting system, the collection calls and letters will stop. If they don't, report them to your lawyer so he/she can send along a strongly worded letter to remind them about what happens when a creditor ignores the automatic stay protection that goes into effect the day you file bankruptcy.

    4. Once we file, when do we stop paying the vehicle & home loans or do we keep paying until we are discharged and close?
    If you want to keep the asset, you must continue to pay all secured loans (typically mortgages and car payments) on time after filing.
    Last edited by lrprn; 07-15-2007, 01:48 AM.
    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

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      #3
      Ok, so we will keep paying for them until we are discharged, or do we continue to pay for them until they are paid off?
      Last edited by nomoneynomore; 07-15-2007, 07:18 AM.
      Discharged Ch 7 9/10/08
      Livin' the GOOD life

      Comment


        #4
        Originally posted by nomoneynomore View Post
        Ok, so we will keep paying for them until we are discharged, or do we continue to pay for them until they are paid off?
        Depends on if you wish to discharge the loans or not.
        If you are going to let the house and car go in the bk then, stop paying now. If you intend to keep the house and car, you must continue to make your monthly payments.

        Comment


          #5
          Yes, if you want to keep the car, the house, etc, you must continue to make the normal payments even after discharge (in fact, you need to make your normal payments DURING the Bk, the average chapter 7 takes about 3 months).

          As for getting caught up before you file...if you want to keep the car, yes, you need to be caught-up on payments.

          Comment


            #6
            Thank you for clearing that up. We would be helping our credit I think by filing, although I don't think it would help us save much money, as we don't pay on most of the accounts we wish to discharge as it is.
            Discharged Ch 7 9/10/08
            Livin' the GOOD life

            Comment

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