Help

[BULLDOGNUNEE]

DOES ANYONE HAVE ANY AWNSERS TO A FEW QUESTIONS? FIRST WE ARE IN CHAPTER 13 BUT WE CANNOT CONTINUE TO PAY THIS AMOUNT WE ARE IN IN HOLE, SO CAN WE CLAIM 7 AND WHAT OR SHOULD I SAY HOW DO THEY DETERMINE, MY HUSBAND THINKS WE CANT BECAUSE WE HAVE CABLE AND CELL PHONES AND WE PAY FOR OUR KIDS TO BE IN THINGS, HE KEEPS TELLING ME THAT THAT IS NOT A NESSESATY AND I SAY YES THAT THE JUDGE DOES NOT TELL YOU TO GET RID OF THAT STUFF OR YOU CANT CLAIM 7. SO CAN SOMEONE TELL ME. TWO DOES ANYONE KNOW HOW A SHORT SALE WORKS, OR WHAT IS THE BEST THING TO DO? MY HUSBAND SAYS HE MAKES TO MUCH MONEY, BUT WHEN I ADD EVERY THING TOGETHER WITH Cable exc. we do not have 25 dollars and I under estimated I din't even include clothes for the kids or perscriptions. Thanks to anyone who can help!!

[325Falcon]

Yes you can have all those things and still be in a 7. Take the means test and see where you stand.

AND please TAKE THOSE CAPS OFF!!

[rrockinggramma]

contact your attorney about the conversion and then you and your husband BOTH go talk to the attorney and get it straight from him what you can and cannot keep if you convert.

[BULLDOGNUNEE]

Anyone with some knowledge

Sorry about the caps, I was in a big hurry. Anyhow does anyone know how a shortsale works? I didn't understand what the mortgage co was saying. Also does anyone know how a surrender works? Do they try to sell the house for as much as they can or do they price it low? I don't think our lawyer is all there, I just find it weird that she tells us just to sit tight it could take the trustee a year to find this and then you have 6 months after that too. I am not very educated on this subject but I think that would just put us further behind in payment and we would owe more???????? Just trying to find out what the best option is for us. Thanks Maria in this wonderful state of Michigan!

[Cali]

Did you have consults with more than one attorney before you picked this one?

I've never heard of people being told that cable, cell or school activities couldn't be considered in your budget.

[lrprn]

Maria, make an appointment for you and your husband to speak in person with your lawyer to go over all your questions. You can't sell your home (even a short sell) without your trustee's prior permission. And frankly with the state of the housing market in Michigan, you aren't likely to find a buyer anyway. Discuss foreclosure with your lawyer - that's why she's telling you to sit tight and live in your home for as long as possible while you aren't making payments.

If your incomes or living expenses have changed significantly and permanently, then your lawyer can file an amended Ch 13 plan that includes normal living expenses like clothing and prescriptions.

I can't speak for your husband, but unless he has a law degree and has been practicing bankruptcy in your area for awhile, he doesn't really know what's allowed in your district and what's not - he's guessing or listening to friends who also are just guessing. Ask your lawyer - that's why you paid her. Cell phones are included now in the newest Ch 13 forms. And reasonable children's activities can be covered inside your miscellaneous and entertainment figures.