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Canceling Bankruptcy (ch7)

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    Canceling Bankruptcy (ch7)

    Below is some specifics on my BK.

    Now, my stbx said he will no longer pay the BK attny ($675), also, he seems to think he will be buying a condo soon (like in the next 6 months) because he wants me to buy him out of the house at $33k. We haven't agreed to having the house BK'd, so I don't think I will get buy in from him, however, he is not going to pay the 2nd mortgage. He is an angry person and I am getting no where with him.

    In the meantime, we each got an email from our attny stating for there to be no more outbursts toward him (from my stbx), he siad the trustee wants proof of auto insurance (my stbx doesn't have insurance!) and the trustee wants the last year of credit card statements that have a balance over $10,000. He also wants a copy of our tax returns.

    I filed the tax returns incorrectly, using turbo tax, in error, I thought I could file head of household, as we were seperatated from Jan to April and July 17th to current. So I though 6months total, but it's July 1 thru Dec 31. So my refund will be minumal vs. what it was. My BK attny seems to think the trustee opened our case, because the $3k return paid for his overhead so now it was worth his time to explore. But now, I have to ammend my tax return because I don't want that to be incorrect and I feel bad about incorrect taxes. So now, they won't get $3K, they will get $500, plus $300 more in the stupid rebate check.

    Oh, also, the trustee wants $1500 per car plus the trustee's fees? What's that?

    Are we getting ridden? This seems like the worst story yet! I have the attny, my stbx and the trustee all at me. I think I'm getting the short end of the stick here! I want to cancel my BK and tell them all to #&$*! off and just figure out a way to pay off my portion of the debt. This is all really aweful... I had NO clue. I thought I did enough research, but I don't think I did.

    Does this stuff sound normal or really bad? Can I cancel my BK now. I had my 341 meeting on 4/29. I'd like to sell my house, pay off my portion of debt and pay down my debt. That actually sounds better to me than this #&$!. Also, with that, I will get counsleing through Crown Finanical and they will help me figure out how to talk to my creditors. This has been that bad, I'd rather figure out how to pay off $60,000 in debt, as a single mom on $40k per year. And I thought BK was my right as an American? It feels more like the maffia is after me. Lovely!

    By the way, I feel peace about this idea, whereas, I have been in turmoil over the BK. Is the trustee harder on my cuz I have Wells Fargo, Chase, Citi & Bank of America as my cc companies? Does that play a roll?

    ****************************
    Background info on my BK, so there is less confussion
    ******************************
    My husband and I are going through a divorce. Right before finalizating the divorce, we decided to BK (ch 7) our $80K in credit card debt. We filed for BK on March 22. We had our 341 meeting on April 29th. We used an attny.

    We have a house, that I live in. He lives in an apt. We owe $281K on the house. We listed it worth $366K in the paperwork. So, I'm not sure if they consider selling costs, but even so, that shows about the $40K exempt limit. So, since we each have $1500 "equity" in each car (after the $5000 total (2) car exemption), the trustee said he wanted our cars or he wants $1500 for each car. He asked about our tax return. We have one coming, he wants that. He also wants our Bush Rebate Check, and he brought that up after our attny tried to help us, speaking up about the "wild card". The trustee also wants a copy of our tax returns.

    So, did the 60 days start yet? Or does it start after he gets his $3000 for the "cars", all the IRS money? Doesn't creditors need to have a chance to "show up" for me to dispute the bk? When does that occur? Before my 341 meeting, I watched others go thru their 341 meeting and he asked if anyone was there for the couple filing for BK... but he didn't ask during our meeting. When does the 60 clock start ticking?

    My attny wants a retainer for 3 hours, at $225 per hour. I have two kids and I'm trying to hold on to this darn house. How am I to pay the $1500 for my car and the $675 for the attny? My soon to be ex is thinking of giving them his car and leasing one afterward. Could he qualify to lease? We are in such bad shape right now. He's living in a crapy one bedroom. He is not planning on paying the 2nd mortgage, and let it forclose. I'm thinking of having him quick claim himself off the mortgage and I can struggle on my own with this mortgage pmt ($1560 + $570 per month). I make $40k per year plus $733/mo in childsupport. I have a job I put in for, to make $60k per year, so if that came thru I could keep the house. Also, perhaps I can get a roommate in a few months. Rent around here is about $1500 for a little old house.
    ***********************

    #2
    It is difficult to get a bk dismissed. At this point only if the Trustee found fraud would he probably dismiss the case and then you'd be in a lot more trouble.

    Personally, I'd just let the house go in the bk and start fresh. That would seem to remove one of the major obstacles.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      I think your right. What if I were able to sell the house instead? What if they can't sell it... I don't want it to forclose. I guess I can get the homestead exemption if I have the trustee relequish interest in the properity. If we sell it low enough, it can sell and I can have like, maybe, $10K... that could help. I want to avoid forclosure at all costs (if I can)... would bankrupting the house, save it from forclosure. At this rate, I prob wont be able to get a house in 7 years anyway. Renting isn't bad, right?

      Comment


        #4
        Well if you could get the lenders to agree to a short sell you might could sell it but I'd expect next to no profit for yourself and any money you did make most likely would be taken by the Trustee at this point.

        Including the house in the bankruptcy would show it as one event. That is it would show IIB, not foreclosure. So its only a single hit on the credit reports.

        Renting is what a lot of folks do
        May 31st, 2007: Petition Filed by my lawyer
        July 2nd, 2007: 341 Meeting Held
        September 4th, 2007: Discharged and Closed.

        Comment


          #5
          Thanks a lot JR. I think I will move forward with my BK attny. It's $675 vs. $60,000 over 7 years. Both ways, no house for 7 years. Also, I wont get suid by the creditors, if I can't make the pmts. I was told, by a financial counslor, my credit card companies are the worst to negiotate with. Also, as I've read in past posts, the BK is already on my record. Selling the house sounds like a pain. I will pay the attn and run this option by him, but I'm sure I will hear the same thing.

          I think renting will be freeing. I can't afford house upkeep and maintance anyway. I talked to a Countrywide lender... he said the BK is now just as bad as a forclosure, these days, it's very hard to get a loan (they're very picky).

          How can I move the house into the BK with out my stbx-h consent. He lives in a dillisional state and will "fight" me on it. However, he has choosen not to pay the second mortgage. So, in that case, it will just flooowww into BK right? No... I think I need to ammend the paper work, which takes stbx-h consent.

          I am finding I am stiving for controll, where I have none, except to be as honest as I can and to provide the paper work requested. I just need to get through this.

          Thank you VERY much for your input! It is VERY much appreciated!!!!

          Comment


            #6
            Amend your statement of intent to surrender. Just let your lawyer know, he can handle it. Incidentally your stbx-h will still be responsible for the home . So if he doesn't pay that first and second mortgage they'll foreclose on him. (You will have absolved your responsibility through bk). This is something to talk to your lawyer about, but I do think it is the simplest and best option for you.

            If you include it in your bk, the only way he can keep the house is to pay for it.....
            May 31st, 2007: Petition Filed by my lawyer
            July 2nd, 2007: 341 Meeting Held
            September 4th, 2007: Discharged and Closed.

            Comment


              #7
              We're (stbx-h) are filing together. Not working so well after all. But, I see my attny today... I will do what you suggest as now the UST is going to file a motion of abuse on Friday if I don't get ppr work in. I have to get tough now and move through it... and put the house in the BK... don't know if I need my stbx to sign off on that tho... I'll ask attny.

              Comment


                #8
                Good luck with the lawyer, I read the other thread seems you had most of the paperwork. Good Luck.
                May 31st, 2007: Petition Filed by my lawyer
                July 2nd, 2007: 341 Meeting Held
                September 4th, 2007: Discharged and Closed.

                Comment

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