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Meeting with attorney to discuss ch 7

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    Meeting with attorney to discuss ch 7

    I just joined today. We have been struggling for months to pay our bills. I was fired from a full-time job last June. Since then I have only worked PT PRN. (It's all I can find.) My husband does work full-time but it's just not enough. It has been a tremendous struggle for us to keep up on our bills. We wiped our savings out quickly. We started getting really behind in January. We used our tax refund to pay bills and still couldn't get everything caught up.

    We are meeting with an attorney on Thursday to discuss whether we can file chapter 7 or chapter 13 or if we can even file (although I think we can file chapter 7).

    I have some questions.

    I noticed that several of you mentioned not being able to keep your tax return. What happens if you already spent it several months ago?

    Did anyone discharge a second mortgage but not the first? We owe more in total on the house than it is worth. However, our balance on our first is less than the value of the house. I've read online that you cannot discharge a second mortgage unless the amount owed on the first is more than the house is worth.

    If you did discharge both mortgages how did you find a place to live? We are considering getting rid of the house. We have a lot of problems with the house and would like to get out from under it (leaky water heater, numerous broken windows, major need to upgrade electrical, bug problems, etc.). It's an old house and was partially remodeled when we bought it but not completely.

    We have two dogs and from what I've seen of rental properties in our area it is not easy to find a place to rent with dogs, especially when one of them is a big dog (Golden Retriever mix). Some will accept dogs under 25 lbs, she's much bigger.

    In addition there are very few properties for rent in the area where our kids go to school. I don't want the kids to have to change schools but it may be unavoidable. They are aware of our problems but not that we are filing bankruptcy and what it may mean yet. We won't discuss that until we meet with the attorney. (They are teenagers.) Another possibility is to move nearer to my husband's work (another county) but we would have to change school districts.

    #2
    If you've spent your refund prior to filing, there is nothing the trustee can do.
    Leinstipping as you describe it is allowable only in a Chapter 13.

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