I have been divroce since January 2009 and at the divorce I agreed that I would pay half of all debt we shared up to the day of Jan1 2009. Now my ex has yet to try and pay any of these things off (they are all in his name) and has let the interest ski rocket on tons of unpaid credit cards. He is trying to get me to pay the amount owed now. I am sure I should only have to pay the amount owed on jan1,2009 correct? Well he is now trying to file for bankruptcy and he wants to file a chapter 7, and if not he wants to file a chapter 13. I honestly do not want to file bankruptcy… i may possibly be getting settlement money and will be able to pay off any debt I owe. He states in the email he wrote me that it would be smart of me to file a chapter7 or not go against him at all… what does that mean exactly? Go against him? Does that mean refusing to file bankruptcy? I am not aware how this works and would love some info! Thanks
I guess the issue is that there is one card with my name on it as well. Now would I be able to not pay the interest that has built up do to not being able to contact the credit card company because my name is not on the cards? How can i be held responisble if I am unable to pay someone due to the name on the account? He states that if he files a chapter 13 that we will BOTH be responsible for the bankruptcy. I do not want to wait the 7 years to cont. with my life… Now since my name is on one of the cards will him filing affect me in anyway?

I just paid off a chapter 13 bankruptcy about a year ago, so I am trying to help boost my score as much as possible.

I had to find a place that would work with me and the trustee for a car loan while I was in my chapter 13 repayment plan. I found a place, but of course the interest was high (19%). I have about a year left till it is paid off, and I have the money to pay it off now (a year early). The difference between the pay off and balance is only about 0.00.

I thought about paying it off, but would it help my score increase more by making my payments for the remainder of the loan?

My father died a few days ago. I’m 19 going to college on a scholarship, with just a part time job at fedex. I have to handle everything that my father left behind. My mother simply doesnt know anything about anything.
My parents filed for chapter 13 bankruptcy, and my father owns land in colorado. And of course theres the other things that I have to deal with such as the mortgage, insurances, general bills, vehicles, etc.
Do I need a lawyer to help me sort out all of this? What would that cost me? Do they require a lump sum payment, before or after their service???
Any other advice would be much appriciated.
My father was a 30 year retired Air Force veteran. The funeral is virtually covered by the VA, I’m not worried about that. Its just everything else.

In 2006, my husband and I filed chapter 13 bankruptcy. We were living to next to nothing during that period. I had to quit my job as a nurse aide because of a shoulder injury so that impacted our budget pretty hard. We paid all of our bills on time and still had a little money left over. In April 2007, our plan was confirmed and we had no debt except the court payments and regular bills. July 2007 we moved from a rental unit to an apartment which was much closer to my husband’s job. Gas was close to a gallon and the transportation costs were sky high. We always had problems receiving our mail at our old unit. We received other resident’s mail and vice versa.
I was concerned the first few months at living at our current address because we received very little mail. I finally contacted all of my utility companies and car insurance only to find out that all of my mail was being mailed back to them. I managed to clear up the mess, but important bills were now a few months late and we had to make payment arrangements with all the companies involved. We had two catalog companies that I bought my clothes through sometimes and had a small line of credit with them. I paid all of these companies off eventually.

In 2009, we received a letter from a debt collector stating we had an open credit card. I asked them to verify the debt. I never received any letter back from them. They kept on sending out bills though but couldn’t verify the debt. I sent the letters to my bankruptcy attorney and the bills stopped. A few months passed, another collection agency, same debt. Same thing happened as the first. Six months later, another collection agency, same debt, same response. Never heard from any of these collection agencies again. I finally got fed up and put a fraud alert on our credit report. The alert was released in January, guess what a new collection agency contacted my attorney regarding the same old credit card. I talked to someone at our attorney general’s office, the fact that they don’t have our old address is suspicious because we never have taken out any credit cards since filing the chapter 13. This is why I’m suspecting ID theft. I checked my credit report just last Saturday and found another credit card that couldn’t be mine. So this makes 2 suspicious cards that probably aren’t ours because we never applied for any cards. What can you do to stop the possible ID theft credit card from being acquired by other junk or third party debt agencies? Has anyone else dealt with ID theft? We are currently under bankruptcy protection so I believe that no one can sue us. I did find out that the credit card holder wrote off this debt as a bad debt. We have never ever been contacted by the original creditor. Thanks
I just filed a complaint with the FTC about the credit issues. The counselor suggested contacting my local police and filing a police report with almost certain ID theft. You think it can’t happen to you! I had horrible credit and still someone managed to get credit off of my poor credit rating. I probably now will have to take steps to clear up the ID theft. I will never, never ever use credit cards again. Look what they’ve done to our country. Thank you for all of your answers.

Someone owes me a lot of money and they have filed for bankruptcy(chapter 13) here in Pennsylvania. I am part of the proceedings and will get about 30 cents on the dollar of what is owed to me for 5 years. The couple filing made a verbal commitment to me (that was witnessed by at least 3 people) that they would continue to pay on the loan after the 5 years until it’s paid in full. The law of course says the debt is satisfied after the 5 years. Is their verbal commitment to me enforceable if it would come to that? At least 3 people will testify for me that they heard and were witness to the conversation. Will I win if it goes to court on this basis? Thanks for all answers.

We bought a house by land contract 2 years ago. We have never missed a payment and the mortgage is, as of now, paid up to date. The guy we purchased from (the guy who still holds a mortgage on the property) was a small business owner and his business went under. Now, he is filing Chapter 13 bankruptcy because of his business losses, but this only allows him to protect the house he personally lives in, despite the fact the mortgage on this property is good. His lawyer is telling us to just keep making the mortgage payments (directly to the mortgage company rather than thru him) and well be good because it’s not in default. The mortgage is thru GMAC, who we hear are not fun to work with. Are we going lose the house? Should we stop making payments? Scared sh*tless right now, we have three children, have invested a lot of money into the house on renovations (roughly K), and we recieved the K Home Buyers Tax Credit when we signed the contract. Feel like we’re in deep. HELP!!!

So you’re struggling to pay your bills and still have money to feed the children. You go visit a lawyer and he suggests filing chapter 13 which would be a monthly payment to a trustee for an amount that is very close to what you’re already paying out each month…. Granted the time is shorter, but if you’re struggling now, how does this benefit you? Any polite answers are very appreciated!! Thank you!

I am interviewing with the NC DOC and it is looking good as far as I can tell. I am a 10 Year military veteran and a EX Deputy Sheriff that worked corrections for 6 years in Virginia. I am excited about the opportunity if I am offered it. i think the only thing that might hold me back in the I had a chapter 13 bankruptcy 2 years ago but it will paid off this month. I had to file due to a job loss.

What is the academy like? Is there allot of Physical fitness, do you have to sleep there, how long is it etc…

Long story short. My private student loans went into default after my chapter 13 bankruptcy was finished. It got turned over to Allied interstate.

I set up a monthly payment with them 9 months ago. I was told that after 4 payments have been made that my interest rate would go to 0.001%. Right now they are all around 7-10%.

My interest rate has never changed. I contact the collection agency about this and keep getting sent to the same lady when I call who now avoids me, and never calls me back. I always get a voice mail, or someone telling me she is not there.

3 weeks ago I finally got a hold of her (used a different phone), and she told me that it will start to be that low interest rate the following month (says every month). When I told her I would like them to send me something stating how much I owe and the total amount of payments. She then "talked" to her supervisor and he said that Sallie Mae just happen to be sending out letters that following monday. Never got it! (that was 2.5 weeks ago)

I am paying a huge monthly payment in order to pay these loans off, and when I log in to Sallie Mae to check my account the balance is just getting higher due to the high interest rate..

What can I do now???

My husband and I filed Chapter 13 bankruptcy in October of 2008. We have came to the crossroads in our life where we can not afford the monthly payment for our chapter 13 Bankruptcy any longer and still be able to provide for our family and we have 2 small children. We have contacted our lawyer and explained our particular situation to him and he just does not seem to care. He stated that the payment was as low as possible and still be able to pay out in the 5 year time period. We are researching converting from a Chapter 13 Bankruptcy to a Chapter 7 Bankruptcy. The only asset that we have is a 2004 Chevrolet Trailblazer LS that we still owe more than 10,000 dollars on and they are only paying 108 dollars a month toward this as they are paying the lawyer as well. Can someone please explain what the pros and cons would be to converting to a Chapter 7 Bankruptcy? And if this is even an avenue that we can look at.

We are about to file bankruptcy and my husband came up with an idea today that might save us from doing this. Here is the situation. We are losing our house, have about 20000, in credit card debt and a deliquent truck. He has about 80000, in his Ira and if we cash it out we will take home around 45000. giving us enough to pay off everything except the house. I am ok about losing the house but I don’t want to pay big fees on next years taxes. I know the IRS pentalies us for the early with draw but do we have to claim the whole amount or the balance of the amount after pentalties on our taxes and is it worth it. They are wanting us to pay around 1000 per month on a chapter 13 for 5 years. I am so confused. Should we just wait it out and see what happens after the house and just take enough to pay the credit cards and truck..

Just bear with me..
We got behind on our mortgage, and credit cards about a year ago, i lost my job, and my husband had his hours cut back. But now i have a job, and he has all his hours back, we are going to file bankruptcy, and we were going to do chapter 7. But if we do we will lose our home, because our mortgage is not current. And then we thought about filing chapter 13, the repayment plan. would that allow us to keep it? But im so scared we wouldnt be able to afford it.
What should we do…Should we lose the home, clear the debt, and just rent for a couple of years. Or should we file chapter 13, and try our best to stay afloat. We have a six year old, and one on the way…. PLease give me some advice, i have no one to talk to too. Thank you sooooo much!

Im 19yrs old, i got two credit cards when i turned 18, one had a 2500 balance and the other had an 8000 dollar balance. and for the first few months i had 200 to 300 dollars in debt and i payed that off from month to month, i recently had my car take a shit, it would have coasted me 5000 dollars for the new engine, so i just bought a used car for 5000 on my credit card. then i was lost my job for a 2 months and i put on another 2000, between paying for rent, ex….. then other things started to come up where i didn’t have the money and needed to pay them. So now i have both cards maxed out. not sure what is best for me to do. I cant afford much over the minimum payments, im not sure if i should go with a debt help/consolidation thing, file a chapter 13 or 7 bankruptcy, i really don’t have many assets they can take. its just getting hard to pay the cards, and other expenses. If anyone has any information that might help me or any tips. it would be greatly appreciated. Thanks All.
i was making 2000 a month now because i lost my job and i found a new on im only making about 700 at a min. up to 1000.
Also i have have a credit score of 753. it was with the help of my mother. she had me on her credit cards sense i was 15. witch really busted my score once i got my own cards and started making payments.

My Chpt. 13 case is paid in full this month 2/10, and I just received a letter form the trustee telling me that my case was going to be dismissed due to not submitting my tax returns from 2005 – 2008.
1. What is going to happen if I have paid off my plan?
2. Will I get my discharge papers if I provide this information?

I was running LLC co(April 06) with another partner.The partner deposited co.money in his personal a/c.He took money to purchase truck for co. but never purchased.
When confronted that it was a fraud and my intention not to continue with business,he changed the locks(Sep.1 06) of warehouse and disappeared.(He did not even let me remove my personal things like my diary and photo album)I went to police station but they said it is civil matter and they can not help.Later on his lawyer sent me letter informing that his client has changed locks and willing to dissolve the co.
I called him several times but he did not answer.
I approched American arbitration association(as per our operating agreement).He did not deposit full fee (deposited part)and the arbitrator dismissed the case.
I approched the court and filed complaint( civil) claiming my original investment and profit till date of locking and the date was in Jan 08.In the mean time on Dec 5 he filed bankruptcy under chapter 13.
His lawer sent letter saying ‘automatic stay is in effect’. On the claim amount he wrote ‘disputed’.
I feel cheated as the co was in profit as per a/c books maintained by accounting firm.After lock out he started business in his personal name using assets of LLC Co.I do not know what to do as my whole savings are gone.
On 29th Dec.07 I filed a complaint with Sherriff but was informed that they can do nothing as it was a civil matter.
Pl somebody advise me what can I do?

Ok, this is unconventional – My mom is disabled. Her home was affected by Katrina. Her home is finally fixed. However, during the past two years, she’s accrued close to 0,000 in credit card bills to pay off some of the repairs since a lot the funds from the insurance and the government were not enough. Additionally, since she is disabled and receives little from the government, she has been unable to pay enough or on time. Her interest has gone up to 25-30% on 4 cards. I have good credit. I own a condo. I want to at least help her by getting a home equity loan (basically a second mortgage) even though I want to get a loan in a couple of years to buy a house. She’s considered bankruptcy with Chapter 13 in order to not jeopardize her home, which she paid off with some of the funds received from Katrina. It seems she has no way out; and I hate to be in this situation from my own financial balance. What can be done? She needs serious help; and I don’t want to jeopardize my credit.

I was running LLC co(April 06) with another partner.The partner deposited co.money in his personal a/c.He took money to purchase truck for co. but never purchased.
When confronted that it was a fraud and my intention not to continue with business,he changed the locks(Sep.1 06) of warehouse and disappeared.(He did not even let me remove my personal things like my diary and photo album)I went to police station but they said it is civil matter and they can not help.Later on his lawyer sent me letter informing that his client has changed locks and willing to dissolve the co.
I called him several times but he did not answer.
I approched American arbitration association(as per our operating agreement).He did not deposit full fee (deposited part)and the arbitrator dismissed the case.
I approched the court and filed complaint( civil) claiming my original investment and profit till date of locking and the date was in Jan 08.In the mean time on Dec 5 he filed bankruptcy under chapter 13.
His lawer sent letter saying ‘automatic stay is in effect’. On the claim amount he wrote ‘disputed’.
I feel cheated as the co was in profit as per a/c books maintained by accounting firm.After lock out he started business in his personal name using assets of LLC Co.I do not know what to do as my whole savings are gone.
On 29th Dec.07 I filed a complaint with Sherriff but was informed that they can do nothing as it was a civil matter.
Pl somebody advise me what can I do?
Already it is more than 16 months and I have paid more than $ 7000.00 to American arbitration association and attorneys since he changed locks(sep.1,06)

We moved to a different state and right now we’re using every extra penny (we’re talking 00 being cheap) to be in the same state as his daughter 6 days a month to visit. Out of this time, he sees her for 20 hours. On the divorce decree it leaves it open other than she can’t be away with her mother for more than 24 until she’s 5 without written permission. She is 4 1/2 now

If we got a lawyer and were seen before a judge to change that:
1. How long would it take
2. Which state would we have to be seen in
3. What is most likely to be the visitation agreement and what should we ask for?

She does not want him to take her ANYWHERE and rather than fight her, he just does whatever so that there is less drama being seen by his daughter. We have a 14 month old who we take with us, and me and her are about to have to stop going.
We live 400 miles away from her.
Her mom lives with her grandma, grandpa, sister, nephew, and her "fiance" and 2 other ppl
They are about to go under bankruptcy and chapter 13
She doesn’t have a job

Thanks so much.

They can get a no money down loan, BUT the property doesn’t have a garage & they will need to build one. The garage is what they want to draw from the 401K for.
I am dead set against this. They THINK they can just take out the money with no penalty & not have to pay it back at all. I think that is wrong.
Mom is a homemaker, Dad has a good paying factory job. He is SUPPOSE to be less than 5 years from retiring!! Mom acts as if she knows their finances inside & out, but when I was a kid, she "handled" the finances by maxing out credit cards & they had to file chapter 13 bankruptcy.
I so badly want my parents to move into a home of their own & stop renting. I think the home they are interested in is the best one suited for them. However, I’m afraid that my dad is going to be the one who suffers because my mom is out of touch with what taking that 401K money means.
Yes, Dad is passive & doesn’t like to "wrestle" with my mom.
It seems so much simpler to just leave the 401K alone & take out another loan for home improvements…….HELP
How do I convince them NOT to use HIS 401K towards a freaking garage?

So here is my story. I filed for Chapter 7 I believe back in 2001 or 2002. It was a horrible experience and probably lowest point in my life! Since then, I’ve slowly and gradually just paid my bills on time and just bottom line, learn from my horrible mistake and move on.

Just the other day, I proposed to my girlfriend, BOY was that nerve wrecking! But I can’t believe I actually took that huge gigantic step. BTW… she did say "YES"

Since it’s only been a day or so, we have to sit down and open up about what "we want" for our wedding and future. One of those scenarios is, buy a house, condo or even rent. She has pretty good credit and me… well, I have that Chapter 7 on my record. So I went into the Free Annual Credit Report website and looked how it looked from years past. "Considering" the past, alot of the bad stuff has dropped off but I noticed that the one that concerned me the very most looks like it might drop off at the end of this year?! Can someone here take a look at it and give their opinion? Here it is:

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The following items obtained from public records appear on your report. You may be required to explain public record items to potential creditors. Any bankruptcy information will remain on your report for 10 years from the date of the filing. Unpaid tax liens may generally be reported for an indefinite period of time depending on your state of residence. Paid tax liens may be reported for 7 years from date of payment. All other public record information, including discharged chapter 13 bankruptcy, remains for up to 7 years. The amount listed on the public record is not a balance. The amount reflects the original amount of the public record item.

CALIFORNIA FEDERAL COURT Docket# 211630

Type: Chapter 7 Bankruptcy Discharged
Court Type: Federal District
Date Paid: 04/2002
Assets: {content}
Date Filed: 01/2002
Responsibility: Individual
Plaintiff: JENNIFER ARAGON
Liabilities: {content}
Estimated date that this item will be removed: 12/2011

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Let’s say we do decide on a home, or condo or what not… AND this does remove 12/2011 as it says… would I still have to let the lender know about my Chapter 7 filing??? Wish us both luck!

Thank you most greatly for taking the time to read my question!