my property has too much Equity, my attorney filed a Bankruptcy Chapter 7, & later on after filing for ch 7 our attorney realized that our equity is high so then he asked me & my husband 2 convert 2 Bankruptcy CH 13, this alarmed us, We are so comfused & scared more than ever, We are current with our primary Mortgage & 1st & 2nd Loan with our Bank that is tied up with our property, our balance is $ 129,000.00 & our Appraisal is for 5,000.00 & we are current with our Property Taxes/Homeowners Insurance. & we are current with our car payment & auto insurance. Our reason 2 File for Bankruptcy in the 1st place was because of personal credit card debts, we were told from our attorney that we do qualify for CH 7, Now our attorney tells us we do not qualify for ch 7 so we have to convert to CH 13, but he says our home is not secured with the 0,000.00 Home Exemption. our children are all Adults, even though they live with us, & we support them financially the court does not reconize my college children as our dependents under the law and because 2 of them file for thier own tax-return for years now so I only have one adult dependent age 18 who is still a full-time student in High School. another thing the lawyer said 2 us when after we signed the forms for ch 13, last week friday. that we qualify for a 100% Pay Back Plan. not reduced like they do for Consolidation, & not even once did the lawyer mention anything about consolidation so I am really comfused, I even asked an attorney at the Pro-Bono work shop @the Santa Ana Bankruptcy Court House 2 weeks ago & I asked if its safe to convert my case to a ch 13 to keep my property & personal property safe they said yes, & that I would have to pay what I could only afford a month from my husbands income for a 5 year plan"so I thought ok, this is good" But, when I saw my lawyer last week 2 sign 4 the convertion to a CH 13, she said my minimum payment would be around ,000.00 a month 2 pay back my creditors & that’s the lowest payment the court would offer according to our attorney 2 start with & it will go higher in a couple of months "We can’t afford this" what should we do? this attorney is confusing us, my English is fluent but, the legal terminology is very confusing" if you have been through something like this before (or) if you know someone that had gone thru this in CA we would really appreciate any feedback you may offer, I tried 2 call my attorney again & she does not return calls I am scared for me & my family. Thanks 4 listening hope 2 hear from someone that would have knowledge to give us feedback that is true no matter how bad it ism we want to know what to expect & what we should do.
Mary:
Orange County, CA, USA

me and my husband just completed a chapter 13 in august 2008. our lender CITIMORTGAGE.reviewed our bankruptcy court docket and has confirmed that a reafirmation agreement was not executed before the bankruptcy discharge was entered on or before we filed. CITIMORTGAGE said under the bankruptcy code, a reaffirmation of debt is not valid unless all of the requirements under bankruptcy law are followed. among other things, this included of filing a fully executed reaffirmation agreement (signed by all parties) with the court before discharge. so CITIMORTGAGE lien remains on our home..i call my lawyer and ask him about the reaffirmation agreement and he told me that reaffirmation agreement in the state of tennessee is only required in a chapter 7 and i and my husband filed a chapter 13…when i tried to talk to CITIMORTGAGE about this they said i am required…i dont know exactly were to go from here…my lawyer says no and citimortgage says yes….is there anyone out there that can explain to me about a reaffirmation? and who is telling the truth and what should i do because i dont know where to start to get this lein off my home and how to go about aquiring the reaffirmation agreement if im actually required.

Liens placed by both myself and the State Agency, USDA is the lender, FHA backed, US bankruptcy court involved, deadbeat filed Chapter 13 in 5/08, he defaulted the payments. Child Support is a priority and must be paid, is my understanding. Please help, I am getting different answers and need to know what my next move is to enforce the obligation and when I get the money? Thanks!

My husband and I filed for bankruptcy chapter 13 back in 2006. We had to file bankruptcy because of my husband had a period of time of unemployment and was unable to pay his bills. One of the creditors that is listed on our bankruptcy petition has been harassing my husband at work saying that we opened a new account back in 2007. Number one, we wouldn’t qualify for any credit cards because of the bankruptcy. Yesterday, a collection company that says that they represent the creditor said that they were going to repossess our car to satisfy the balance of the bill. They can’t repossess a car that is owned by a bank. We are paying on a loan and the bank holds the title. I called the collection agency and told them to stop harassing my husband at work. The agent called me a liar, thief and a crook for not paying back the money. I told him to send proof of a claim of debt. He said he was going to subpoena us and sue us in court. He became mean and belittled me further. I hung up. He somehow managed to trace our unlisted home phone number and called me back 5 times in 10 minutes. I then called my attorney. She called him back and had our Trustee call him also. We are under a automatic stay and a protection order from creditors. According to the courts, we are not to receive any type of correspondence or calls while under bankruptcy protection. This man could be arrested for harassment. My question is if someone on the street were to come up to someone they don’t know and start calling them a criminal, liar. Wouldn’t they go to jail? What gives these "collection agents" the right to harass people?
I think that they all belong in the big house. Not with white collar offenders but hard core offenders. Am I right? Thanks. I’m still feeling unsettled over the whole situation and had to in the end change my phone number. I’m an honest person who is paying their bills on time. Thanks.
We are paying back the creditors we owe money through the bankruptcy court every month. We are disputing the new debt that this collection agency is trying to collect. We haven’t had any credit cards since 2005. Plus, I had a credit rating of over 700 before I got married. I qualified for a home loan on my own before my marriage. I am not a dead beat. My husband was living off credit cards for over 2 years while he was unemployed. The debt was his not mine.

I gave land to ex ..he was supposed to refinance. we had to file bankruptcy..one lot was sold..the other abandoned by bankruptcy court. The note was in name only. He was supposed to refinance w/in 4 months ..did not and now the note is back in my name and my atty said to see the bankruptcy atty..he said see my div atty. I have cld attys and left online requests for atty to call. I am so frustrated. How do I file to the court to show a violation of divorce decree and get the land awarded back to me so I can clear my credit. In the meantime..the note is almost 00 past due!!
Why can’t I get an atty to call/

I have received a letter from my attorney saying

Hearing on Motion for Default Judgment

Your hearing on the Motion for Default Judgment has been scheduled for January 5, 2011 at 11:00am, regarding your chapter 13 bankruptcy case.

And then my attorney goes on to say to contact him 2 days before the hearing to see if it is necessary for me to attend the hearing.

This is from my attorney not a creditor or the bankruptcy court. It seems to me that my attorney set the hearing up for the default judgment against the creditors. I’m not sure on how all this stuff works. The last time I talked with my attorney he said things look promising for me and then I get this letter.

I would have called his office but I did not get the letter till this afternoon and they will be closed Tomorrow.

I have been following all my attorneys advice and I just need to know if I should be concerned about this letter he sent me.

I live in Georgia if that helps. Any help will be greatly appreciated.

WASHINGTON — President Barack Obama lost his first big legislative fight Thursday when the Senate failed to pass a measure that would allow bankruptcy-court judges to reduce the value of some mortgages.

The defeat of the bill, which was a central part of Mr. Obama’s plan to help homeowners, came as the House voted 357-70 in favor of a measure that would cap the fees credit-card companies can charge. The credit-card measure now goes to the Senate, where it is likely to pass.

The vote in the senate was 45-51, so clearly at least 5 or 6 democrats did not support this legislation.

Read the rest of the story at:

http://online.wsj.com/article/SB124112073490174169.html

received from a personal injury settlement. I am receiving some money and my two children 11yrs old and 13 yrs old are receiving some money from a car accident. Can the bankruptcy court take their share of the money or is it protected. We will be filing a Chp 7 bankruptcy in about 1 month.

I have had great financial difficulty this past year, and have fallen behind on many of my obligations, due to drastic income loss. I was behind on my 2nd mortgage, and was trying to work out a loan modification with them, when I called today to find out the status, they informed me that my loan is now closed and charged off. I think I understand what that means, that is a banking term and I am still liable for that debt. My question is; is this debt still a lien on my home, and if is not, can I file it in my chapter 7 bankruptcy? The bank told me that they would not forclose on the home. I have tried to research this, but not finding any luck with the questions I have. I spoke with my attorney, and she said that I would have to file a Chapter 13, or else the 2nd mortgage would forclose…Does any one have any information, or gone through a simular situation?
FYI, my home is not worth as much as I owe, so the 2nd wouldnt get their $$, even if they forclosed.
Thank you David. Now, do you know if the bankruptcy court will see me as behind on my second? The bank is now not concerned will collecting the late payments, but wants to set up a payment plan with no interest. Can I do that and not include this loan in the bankruptcy? I know I can reaffirm it, but with this now a charge off account, I am not sure how that works.

I received a paper from the bankruptcy court. Could you please tell me the following phrase in easy word. I am an uninsured creditor on a chapter 13 bankruptcy.
Following—-
It is further ordered that general unsecured creditors will receive no less than ,000.00 total.
———————————–
Especially ‘ will receive no less than 00 total’ . What is that mean?

My husband and I filed Chapter 13 and now my husband has passed away. It’s only been a week or so. The only income that I have now is a Soc. Sec. check for my son who is almost 17. I am not old enough for widows benifits until Nov. I am not working as my husband was so sick and I had to care for him at home. I did not have enough credits to get my own soc. sec. I do not have enough income to continue an 00 a month payment to the bankruptcy court. It seems my only salvation temporarily is a possible disability check that would be retroactive to July. I believe I owe only about ,000. I am doing my tax return today and will make a copy of it and attach the death certificate, and send it along to either the attorney or the trustee, I am not sure which to send it to. Is their any relief in the law for this kind of situation. The only assets are my home and car and contents of our house. We had no insurance of any kind. I would appreciate any help with this….Thanks so much!

The other owners of GM include the CANADIAN govt. and a union retiree trust fund.

http://online.wsj.com/article/SB124646098696280443.html

General Motors Corp. will file for an initial public offering of shares sometime next year, according to a timetable laid out in a U.S. bankruptcy court on Wednesday.

The auto maker, which entered Chapter 11 court protection on June 1, could emerge from bankruptcy majority owned by the U.S. government as early as this month.

The U.S. will hold an about 60% stake, with the remainder owned by the Canadian government and a union retiree trust fund. The U.S. expects to divest its holdings no later than 2018, in line with a plan laid out by the Canadian government, according …

Just recieved Notice of chapter 7 case closed without discharge as debtor did not file official form 23,?
Debtors certification of completion of intructional course concerning personal Financial management. I filed for bankruptcy in Feb 2009 and court date was in march 6, 2009. l took the online course same day as court case. I still have certificate dated March 6, 09. Just recieved notice Sept. 21, 2009. Notice dated Sept. 17, 2009. If i go to bankruptcy court tomorrow with copy of certificate what is going to happen to me and my case? Will l have to pay any money? Will the case be closed completly? Please help l need answers.

Debtors certification of completion of intructional course concerning personal Financial management. I filed for bankruptcy in Feb 2009 and court date was in march 6, 2009. l took the online course same day as court case. I still have certificate dated March 6, 09. Just recieved notice Sept. 21, 2009. Notice dated Sept. 17, 2009. If i go to bankruptcy court tomorrow with copy of certificate what is going to happen to me and my case? Will l have to pay any money? Will the case be closed completly? Please help l need answers.

http://online.wsj.com/article/SB124646098696280443.html

General Motors Corp. will file for an initial public offering of shares sometime next year, according to a timetable laid out in a U.S. bankruptcy court on Wednesday.

The auto maker, which entered Chapter 11 court protection on June 1, could emerge from bankruptcy majority owned by the U.S. government as early as this month.

The U.S. will hold an about 60% stake, with the remainder owned by the Canadian government and a union retiree trust fund. The U.S. expects to divest its holdings no later than 2018, in line with a plan laid out by the Canadian government, according …

http://www.rasmussenreports.com/public_content/business/auto_industry/july_2009/plans_for_general_motors_might_run_afoul_of_public_opinion

General Motors laid out a plan in bankruptcy court Thursday that includes an Initial Public Offering of stock next year. When the troubled automaker comes out of bankruptcy this month or next, the federal government will be the majority owner. According to the Wall Street Journal, the plan envisions the government ending its ownership position no later than 2018. That’s a lot longer timetable than most Americans are thinking about.

Rasmussen Reports national polling has found that 80% want the government to sell its stake as soon as possible, and 64% favor a proposal that would force the government to sell the auto company within a year. Even in Michigan where the troubled auto giant is headquartered, 69% want the government to get out of auto company ownership as soon as possible.

Pennsylvania.

I had a John Deere garden tractor I bought a couple years ago. I just recently had my Chapter 13 bankruptcy approved. Nobody showed up at the meeting of the creditors.

Now a month after my bankruptcy was approved, John Deere filed a secured proof of cliam on for my tractor.

What will happen now? The tractor was sold already a long time ago.

What are my options? The paperwork they submitted has no signatures from me, and I never remember signing anything that said it was secured.

Please advise.
They filed a secured proof of claim through the bankruptcy court. I don’t know how it could be filed a month after the meeting of the creditors and the case being approved.

In July of 2005, my wife filed Chapter 7 bankruptcy. In her bankruptcy, she included a private student loan to SLM Corp on the order of 00. I am aware that government backed loans are not discharged in bankruptcy , but from my readings, private loans, such as the Signature Student Loan from the Sallie Mae subsidiary SLM Corporation were dischargeable before the enactment of the new bankruptcy laws in October of 2005. SLM is now attempting to collect on this loan, and is calling 5 times per day, refusing to provide requested documentation, and is in general being an @$$. How do we get SLM Corp to stop trying to collect on this debt? What’s the steps in filing the necessary paperwork with the bankruptcy court? Are there any Denver based attorneys willing to help us with this who read here?

Warning: RANT AHEAD: Read only if you want to hear another sob story about Sallie Mae and their downright abusive treatment of borrowers.

What’s truly rich about this is that my wife is still in school. All the options available to public loans, such as in-school deferment, Income Based Repayment and Income Contingent Repayment, hardship forbearance, unemployment forbearance, and so on which excuses the public student loans from being dischargeable are not available for this private loan. My wife is a full time student, and is living now on student loans while getting her master’s degree, but because of this early bachelors degree loan, she would have to contemplate dropping out of school and trying to find a job in this economy to pay this loan back, if she owed it.

All the lawyer firms locally say that they won’t touch the case because ‘Student Loans are not discharged in bankruptcy’. Yet online, there is site after site stating that non-governmental backed student loans only became non-dischargeable after the new bankruptcy laws of 2005. I’m hoping that I can find an attorney who can help us.

BTW, Sallie Mae? If any of your goons are reading this, perhaps they can take this message back to you. You know that nearly ,000 in student debt that you have that is Federally guaranteed? This summer, we’re consolidating it with the Federal Direct Loan my wife got last year. Say bye to all that interest. And I’m going to recommend this course of action for everyone who has a Federal loan through you.

I did a contract job for them in July 2008, they owe me 00. They filed chapter 7 bankruptcy a week later. I filed a claim with the bankruptcy court but haven’t heard anything. Can I expect to get anything owed to me?

If I was planning on filing for bankruptcy, then my uncle died and left me ,000 in life insurance. That would not cover all of my debt as I was planning on including my house in the bankruptcy.

If I claim the life insurance it would all go to my creditors and i would still have to file for bankruptcy.

Can I legally deny the life insurance, have that ammount go to the other beneficiaries? and not have any penalties of any kind in the bankruptcy court

5 years ago I went thru a very expensive and nasty separation and divorce, at the time I had a thriving business and a good income. Now, I only make a fraction of what I used to. I ended up losing everything and was forced into Chapter 13. Then, I was pushed into signing a family support agreement that I could not afford.Everyone keeps basing everything on my past income. My family support is ,700.00 monthly and my bankruptcy payment is currently at 0.00 monthly and is getting ready to increase to ,430.00 monthly next month. I have not been able to pay Federal Income tax for the last 3 years even though I have filed the returns. I am really struggling to keep up the payments at even the 0.00 amount to the Bankruptcy court, let alone have it go to ,430.00 a month. I hardly have anything left and can barely make ends meet. What can I do to get some help? I currently have a bankruptcy attorney, but with the economy, my wages have continued to go down. I just can’t afford to pay out over ,100.00 monthly BEFORE I pay any of my other bills for insurance, housing, food, ETC. I am trying to do the right thing and take care of my family obligations but it is getting to be too much on me and I can’t keep up this pace, just not enough money to go around. Any good advice out there?