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I need experienced help here! First day on forum...please help

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    I need experienced help here! First day on forum...please help

    Hello all I am going to try to give you as much info as I can. I need so me really good advice here. I am a mother of 2, young boys . One son is 6 the other is 16 months.. want to keep our home.
    I was a mortgage broker for 7 years.....NEED I SAY MORE! My other half was also an account rep. He was also in the business for 6 years. I really need some expert advice here, before I make a move and possibly make the situation worse. First off my income alone was $230k. I had the same income the entire time I was in the business. The lenders are making it ridiculous for anyone to refinace, or purchase due to the guidelines. The company I was working for locked the doors. They gave no warning, I knew it was coming. I took all my retirement money and we (both ) of us opened businesses. Mine hasn't done anywhere near what I thought it would. I help people do ,Modifications n their loans. You would think the government would back people like me, however they have made the law's also very difficult due to dishonest people.
    When I was making good money I took out credit card debt, in the beginning I paid off everything each month I charged. My scores were 720 - 689- 702. Now the scores are like 400-500 ?????? Not sure, but I know its bad.
    Slowly the market got worse and worse. I had to borrow money to keep the bills and the family, daycare, as well as the mortgage going. I now owe somewhere in the ballpark of $40,000 in debt. I came down with LYME disease and got really sick. I began to only be able to work so much. My mortgage is now 2 months behind. I do not want to loose the home. The home is upside down in equity $120,000+.. There is no hope in site. The business my boyfriend's Auto shop is barley bringing in enough money to pay the rent he has on it... What chapter should I claim. Whats the best option for me? I have zero income now, and I am going to try to get a new job. I need all of the debtors that I owe to give me a chance to get another job. My heatlh is horrible. I am sick everyday with Lyme. please help

    #2
    Sorry to hear about your health. Money problems can be fixed, it's the least of your worries. Take care of your self.

    You need to make some phone calls to several BK attorneys. They will be able to tell you what you need to know. Consultations are free. The income look back for filing is 6 months, so if you have no income now, then you could qualify for a 7.

    Good luck to you.

    Comment


      #3
      If I have no income is that better or worse. What if I have filled an extension on taxes, should I file now. This way they cant keep the little money I have

      Comment


        #4
        You have to file your income tax before you file BK. Even if you owe money to the IRS, the taxes need to be filed.

        Sounds like you qualify for a Ch7 just based on what limited amount you posted. You will need to check your exemptions for your state and check to see where you fall with HOUSEHOLD INCOME (gross) to see if you are still able to qualify for a 7.

        You can find your exemptions here: www.legalconsumer.com and then just look up your state
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

        Comment


          #5
          When I went in to consult my lawyer, I didn't have a job either. Due to that fact, he said that I HAD to file a CH7 because you can't do a CH13 if you don't have an income.
          Filed 12/24/08...a Merry Christmas indeed!
          341 Meeting 01/23/09 Declared No Asset
          Last day for objections 03/24/09
          Discharged and closed 03/26/09

          Comment


            #6
            Help, you will find help on these forums - in spades. Great group of people and tons of experience you can tap into.

            Spending a few hours here will cut your stress over you problems by bunches.

            Good luck. - jb
            jb - A little knowledge is a wonderful thing - sometimes.
            Filed - 2/27/09
            341 - 4/3/09
            Discharged - 6/20/2009

            Comment


              #7
              You guys have all been so helpful. Any information is great.. What will a Chapter 7 do for me. Can the judge re modify my loan? Can I still keep my car. Will the 7 give me time to get a job? Im 2 months down on my mortgage,,,,,
              Im really not sure doing a bankrutcy is the best thing. I dont know how in the hell Ill ever pay the bills off without a job..I need time..Im not sure what the best thing to do is? Any thoughts. If I just do not pay the credit cards, and somehow try to get a loan modification that would be great. The fact I have n provable income is the problem with Loan Modification. I own a Loss Mitigation company. ( I am in no way saying that to promote my business at all) .. Its just the facts of what I do. If I had Income I could get the principal balance dropped (well the attorney could that works for the company). Without the income provable I feel I am doomed. IDEAS?????

              Comment


                #8
                Help: I am sorry about your situation. Mostly, I would be concerned about your health. I think that should be the top top priority here.

                I doubt the stress about $$$ and what you owe is helping. If this were me and I was in your situation, I would seriously consider giving up the home. I know it's an emotional thing (been there, done that, glad I did it.), but really, you need to stay healthy to take care of your kids. Everything else is just stuff.

                File CH7, get rid of all of the debt, include the house in the BK, and concentrate on getting you back to working so that you can get a nice apartment for you and your kids. The kids don't 'need' a 4 bd house in the 'burbs', they need their parent.

                It will be a while before the foreclosure starts and you are notified to move.
                BTW just a thought: Not sure if Lyme qualifies, but you might check with Social Security to see if you qualify for SSDI.

                Comment


                  #9
                  Ok not enough info here.
                  what is your income now.
                  if you keep the house how will you pay for it after BK
                  If you are not current on the mortgage before you file chapter7 there is a good chance the house is toast.
                  Chapter 7 07/30/2008
                  341 09/17/2008
                  Discharge 11/21/2008

                  Comment


                    #10
                    1- The Ch 7 will discharge ALL your debts that you want to discharge. If you wanted to keep the house you just keep paying the payments and they will not foreclose. However, considering that you could probably rent the same home in most of the country now for half what the payments of most loans, renting would be something to seriously consider.

                    2- No, Judge can not - yet - modify your loan. If might be coming from DC at some point. However, YOU might be able to do so. (or, at least, a 3rd party might. Lenders really don't want to work with you but will with a 3rd party.)

                    3- You can keep the car - just keep making the payments.

                    4- Not having a job is better than having one at the time of filing. They go back 6 months on your income and base your ability to go into ch 7 based upon your income vs the median income for your state and your expenses vs your income and ability to pay. The less you can pay the better.

                    Highly suggest you contact several BANKRUPTCY Attorneys - one someone recommends, if possible. A meeting with them should be free and they can answer a lot of your questions.

                    If you wanted to share and put your situation up here - income, debts, expenses, etc., many here can give you a good idea as to a direction for you. - jb
                    jb - A little knowledge is a wonderful thing - sometimes.
                    Filed - 2/27/09
                    341 - 4/3/09
                    Discharged - 6/20/2009

                    Comment


                      #11
                      Originally posted by jeb View Post
                      1- The Ch 7 will discharge ALL your debts that you want to discharge. If you wanted to keep the house you just keep paying the payments and they will not foreclose. However, considering that you could probably rent the same home in most of the country now for half what the payments of most loans, renting would be something to seriously consider.

                      2- No, Judge can not - yet - modify your loan. If might be coming from DC at some point. However, YOU might be able to do so. (or, at least, a 3rd party might. Lenders really don't want to work with you but will with a 3rd party.)

                      3- You can keep the car - just keep making the payments.

                      4- Not having a job is better than having one at the time of filing. They go back 6 months on your income and base your ability to go into ch 7 based upon your income vs the median income for your state and your expenses vs your income and ability to pay. The less you can pay the better.

                      Highly suggest you contact several BANKRUPTCY Attorneys - one someone recommends, if possible. A meeting with them should be free and they can answer a lot of your questions.

                      If you wanted to share and put your situation up here - income, debts, expenses, etc., many here can give you a good idea as to a direction for you. - jb
                      in chapter 7 ALL debt is included....
                      Chapter 7 07/30/2008
                      341 09/17/2008
                      Discharge 11/21/2008

                      Comment


                        #12
                        If it helps I will be getting a job..........

                        Comment


                          #13
                          No - won't help and could hurt depending upon how much you are paid.

                          The factor that determines which ch. you go into is your income vs your expenses. If the new job gives you more income than your expenses - probably not likely but a possibility - you could get kicked into a ch 13. - jb
                          jb - A little knowledge is a wonderful thing - sometimes.
                          Filed - 2/27/09
                          341 - 4/3/09
                          Discharged - 6/20/2009

                          Comment

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