Concerns about Filling.

[UpsidedownJo]

I'm going to try to file the end of October. I'm really struggling financially and its getting to the point I can no longer keep all my debts current. I am thinking of stop making payments on Unsecured debt and just making payments on Secured. I am Lease/Purchasing a home and the HVAC system is junk. I recently had to purchase one with a store card and hope this does not haunt me when I file. I'm also thinking about updating my truck. It has 125K miles on it and in 5 years, who knows what will happen. I'm not sure if this will haunt me when I file either. The house needs so much more work, walls fixed, new ceiling and flooring. I want to get that repaired before filing but I don't want to push the issue. I just want my son to have a comfortable place to live. I'm more worried about the repayment amount. I hope it is more affordable than I think it is. Anyway, any help and advice would be much appreciated.

[justbroke]

The HVAC system is likely a fixture and the creditor likely filed the correct paperwork so that it's secured debt. A new (or reliable) vehicle is always a must in a Chapter 13; especially necessary in a 60-month plan.

I'm wondering if you should just give up on the house if it is going to drain you anyhow. Too many times people attach to property where they should just give it up. Since you don't actually own the home, you are not going to get many allowances that a homeowner is allowed to deduct. Your plan may make the home unaffordable.

I highly recommend finding 4-5 local bankruptcy attorneys and asking for a free consultation. Mention the lease-to-own home and what money you have put into the home.

[UpsidedownJo]

I really don't have any other option as far as home. I live in the middle of nowhere and housing is scarce. My sone to be Ex will be living in the same area and I will have joint custody of my son. I will also be paying about 1300 in child support. I will just have to do the work myself and manage as best as possible.

The HVAC system was put on a Store credit card Synchrony credit card.

My Bankruptcy attorney will be the same as my divorce attorney. She specializes in Bankruptcy cases and was the one that suggested that I file bankruptcy after my divorce.

[justbroke]

Good to see that you have a bankruptcy and divorce attorney (the same person). The biggest things for you will be deciding on a new reliable vehicle. The only other issue will be that the HVAC is a secured debt so it will (likely) need to be. paid over the life of the Chapter 13.