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Recent widow needs some help please

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    Recent widow needs some help please

    My husband died suddenly in March at age 55. I met him when I was 17 and we got married when I was 22. We were married 31 years. Over the course of the last 12 years things took a big downturn financially. Our house was going to be a short sale or foreclosure at that time. After he died a couple months later I listed the home. I moved at the end of October. I found a safe place to go. I have a one year lease. I have two years left on an auto lease at $300 per month. I had a document service provider draw the papers for the bankruptcy. I have the 341 meeting next Friday. Of course I am nervous, but I have nothing to hide. I have nothing left. I disclosed everything I have and all my debts and liabilities. I included the Lease where I live And I am not sure if I should have. Also I want to assume the car lease for the next two years. My questions are about assuming the leases that I do have right now. I was reading that I would have to go back to court to have a judge approve making the Car payments. Could someone give me some clarification on how that works. Reaffirming assuming the leases.
    I am filing for bankruptcy because of $65,000 in credit card debt.
    Thank you.

    #2
    Welcome to BKforum!

    My sincerest condolences on the loss of the love of your life.

    I don't know anything about assuming leases. But, it may help if you say whether you filed a Chap 7 or 13.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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      #3
      I filed chapter 7.

      Comment


        #4
        Fist, I want you to know that I empathize with your loss and understand that your whole world is turned upside down.

        Originally posted by widow View Post
        I included the Lease where I live And I am not sure if I should have. Also I want to assume the car lease for the next two years. My questions are about assuming the leases that I do have right now. I was reading that I would have to go back to court to have a judge approve making the Car payments. Could someone give me some clarification on how that works. Reaffirming assuming the leases.
        You will technically not be reaffirming if this is a lease. You will be "assuming" the lease. Hopefully, you indicated on your Statement of Intentions (SoI) that you are assuming the lease. There is no way to tell how the creditor will respond. You would need to contact the creditor's bankruptcy department and get the ball rolling yourself. Do not wait; you are the attorney of record.

        The creditor may not do anything, and just take what you wrote on the SoI as proof that you assumed the lease. Another creditor may want you to fill out some sort of form indicating such. There may even be a creditor that wants you to enter into a reaffirmation agreement. Either way, you need to get in contact with the creditor's attorney or creditor's bankruptcy department and make the first move.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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          #5
          3
          OMG! I filed for Chapter 7 pro se. My husband died suddenly March 14 and I have $65,000 in credit card debt. My home was sold in a short sale. I had my 341 meeting first thing this morning in Tampa Florida. To my amazement when I was called to the table there was a creditor there. It was a lady from Best Buy Or capital one.

          In order to cut my expenses I gave up TV cable and home phone over the summer. I have a good friend who insisted i get an iPad and an AppleTV and she would pay the bill. I put it on my Best Buy credit card for 18 months with no interest charged in approximately August 2012.

          The lady asked me questions at the end near the end of my meeting today. I told the story of how I had only bought that because my friend had agreed to pay for it. I did not know that you couldn't pay one debt or another at that time. I filed for bankruptcy early in December and I told her we had to stop making that payment.

          The lady asked me if I wanted to reaffirm the debt of $571. Then she cut the price down 20% to $423. She gave me a big pile of papers to reaffirm the debt. And to let them know. I don't think I'm going to reaffirm the debt and have my friend Pay it is not worth it to me they can have the iPad and have the AppleTV if they want to come and get it.

          At the end the trustees said you're dismissed 90 days. I don't even know what that means.

          Also I had to fill out a long form about all the calls I've been getting from credit card companies and they were going to go after them several other people in the room did as well this is middle District of Florida

          Help or suggestions would be appreciated thank you

          Comment

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