Not only is the UST now involved in my case but

[aces67]

my lawyer says he has to meet with BOTH dh and I before he can give us our options. Due to dh's work schedule conflicting with our lawyers hours that won't happen until next Tuesday.

Dh has requested that the lawyer meet with me alone but the lawyer says no he can't do that.

Now I'm frustrated. Really I'm over it-I'm not even scared, worried or stressed anymore I'm just really, really, super annoyed.

In the meantime my mortgage company and HSBC who has my car financed says that in order to keep my home and my car that we have to sign a reaffirmation agreement with them. I do want and need to keep my home and car but we are upside down on both. We are around $5K upside on the car. From reading through this forum I've seen where some people try to renogiate their loans.

How does that work? Could I try to renogiate and only reaffirm for what the car is actually worth or what? If I did that how my loan terms change? Would it pay off sooner or would the monthly payment be lowered over the same amount of months?

[aces67]

BTW is there anyway to look on Pacer and see what might be happening? The last contact I had from my lawyer was that the UST wanted dh's May and June checkstubs so he could run the numbers with them. I have no clue what that meant but I do know that if you use May and June then we are below median and the means test will show no disposable income. Anyway to know what's going down before the meeting next week?

[JRScott]

The UST is looking for totality of circumstances. However having less money available will probably hurt his case.

If you have signed up for PACER, go to the PACER site for your district, log in, then search by your social security number or by case number. You should bring up a table of contents. Then look for the summary can't remember what its called might be history you'll see what has been filed.

Depending on your state's laws you may or may not really have to reaffirm. That is something that your lawyer might be wanting to discuss. Really speaking it is better to have you both there, its like couples who take financial planning classes but only one goes so it almost never works. He's wanting to have you both there I'm sure just so he can lay it out before you both and discuss what to do.

[HHM]

With the car, you might look into 722 Redemption loan. The benefits are (1) the new principal balance of the loan will be equal to the current market value of the car, (2) because it is a post BK loan, the loan will reflect positively on your credit report; and (3) the payment is usually lower than what you are paying now. The potential negatives are (1) the interest rate is usually higher, BUT, the reduced principal and sometimes shorter period balance it out.

[aces67]

With the car, you might look into 722 Redemption loan. The benefits are (1) the new principal balance of the loan will be equal to the current market value of the car, (2) because it is a post BK loan, the loan will reflect positively on your credit report; and (3) the payment is usually lower than what you are paying now. The potential negatives are (1) the interest rate is usually higher, BUT, the reduced principal and sometimes shorter period balance it out.

Where do I find out more about this? Does this come from HSBC or what?

Thanks!