I met with a lawyer today and he told me I couldn’t file Ch 7 because I had equity in my home, and couldn’t file a ch 13 because I couldn’t prove that I could make the monthly payments…………………. What!!!!!!!!!! Do I have any options?

I filed for Chapter 13 in Sept. 5, 2002 and the release date is Sept.5th. 2007. I will have overpaid my payments and want to know what the time period is for RECEIVING THE DISCHARGE LETTER IN THE MAIL?

I reside in Macomb, Michigan
I was told is was 4- months. Will a lawyer speed the process?

I sold my car last year to someone for 00. He gave me 0 up front and we drew up a contract stating that the rest would be due no later than December 6th, 2010. When the time came, after many missed emails and calls he told me the car was in the shop and that he couldn’t pay it right then. After a great amount of emails and calls that went unanswered, I showed up at his house and asked his mom if he was there. He told me he had to file for bankruptcy and his lawyer told him not to say anything to anyone. He told me the car "had been taken" and told me to talk to his lawyer about it. After trying to leave a message at his office three times, the secretary got fed up and told me that there probably wasn’t anything that they could do for me and that I was named in the papers but they didn’t have the car and they have no idea who has the car. After this, I decided to do a bit of snooping online and have enough evidence to show that he still has the car and is even in fact trying to sell it online. He won’t respond to calls and keeps redirecting me to his lawyer. His lawyer answered the phone today surprisingly and told me that I was named as an unsecured creditor and that my pitfall was in not declaring a lien on the car when I drew up the contract. I asked him
‘If I were to go to his house and ask for the car back, would he have to give it to me?’
‘Bear in mind that he is my client and everything I say will be in his argument, but no, he has a right to the car because you gave him the title after signing the contract.’

I tried to contact a lawyer but he said he’d charge me 0 for a consultation.

I told the kid I’d need the money by the end of December so I knew I was going to be able to afford taking summer classes this year. Now I’m broke and can’t afford summer classes and might even
have to graduate late..this guy is ruining my life.

What should I do?

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.

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!

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.

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?

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.

Great, another problem. We filed a chapter 13 to stop garnishment and jail time, fun stuff. It wasn’t on much. Well, considering the average amount it wasn’t much. But, we filed on 24,000 in debt. At the time, we couldn’t pay it all at once, but could pay it. They wouldn’t make any arrangements so we filed on them.

Now, here is the issue. My wife finished a degree that pays very… very well. We went from making 64,000.00 a year, to a new job paying 90k plus a 30k bonus yearly, that won’t hit for 9 more months. But, we’re in a position to pay all of it off.

BUT, I’ve got a feeling the trustee will take all of our extra income from the job, pinching us until the total is paid off. How does this kind of an increase work? We anticipated this, and our lawyer didn’t seem to concerned, but now he’s "forgotten" having that conversation. We’re waiting to hear back from him (3 days later) and we’re lost on what to do.

Our payment is deducted via auto payments via her employer. If he doesn’t say anything, do we just save the debt, pay it in one lump sum or what? It’s a good problem to have, but a problem none the less. We’re ready for home ownership and have the means to do it.

I should point out too, we didn’t get in debt from silly purchases. It was almost exclusively medical from a pre-mature baby. Prior to that my credit was perfect. Any constructive advice is appreciated.

I just bought a house and am moving there this weekend. I’ve been living with my boyfriend of 3 years in his house for a year. His house payment is eating him alive, which is why I got the very cheap townhouse for us to move. He has an ARM and his house is 0,000 below what he paid for it 5 years ago. There was not any real plan per se, but either bankruptcy or renting it out were what we talked about. Now that the time has come, nothing has happened. He has just frozen the past several months. It is me who is consulting a realtor for him in case he wants to rent it out and I’ve contaced and paid for a lawyer that he consulted for a bankruptcy.

He doesn’t qualify for chapter 7 unless he leaves his job and he loves his job. And he doesn’t want to do bankruptcy anyway.
Chapter 13 is a mess and I thought it wasn’t worth it.

However, his best friend is losing his house and guess what? He wants to rent out his house. So basically, my boyfriend is telling me he won’t be able to help me with only 0 his share for my house (his payment is 00) because he wants to pay the difference of his own house!

I’m very frustrated! I know the house is sentimental but I’ve been talking about getting a house since last year. It has been MONTHS that he has known this was coming and he is still frozen. So I need to get a roommate (I could afford it on my own but I do have a lot of debt to payoff) and of course, he’s telling me this a few days before we move.

I even planned for my boyfriend to have the whole small basement to himself and his studio (he’s a musician) and now he is telling me its too small. Gee, a whole house to share with just you and your girlfriend plus your own basement to have to yourself for your studio for only 0? Am I being too nice? So it sounds like he wants to keep his studio at his current house. In that case, I shouldn’t feel bad about renting out the basement, right?

He says he wants to live in both houses! I just want to live in the new house. I also feel his friend is taking advantage of him.

Do you think a few months down the road he will see things differently?
When I questioned his ability to pay then he questioned if the only reason I want him to move in is to help pay the mortgage. That hurts. No, but I DO need to pay the mortgage. And I shouldn’t have to feel guilty for asking. I shouldn’t have to feel bad if he has no extra money because he’s helping out his friend. Perhaps renting out the basement, the one I was going to give to him for free, might not be a bad idea.

My wife and I are filing chapter 13 bankruptcy. Our lawyer told us today that we would have to go to 2 hearings in court once we sign the papers for the bankruptcy. What exactly happens at these hearings? Are we going to get bombarded with questions by lawyers from the creditors? Is it a fairly smooth process I mean once we sign the papers the trustee has approved the repayment plan right?

okay, i need advice. im nearly 21 years old, and working at a fast food joint. i made a stupid decision when i was 18-19..got in a car accident with no insurance, and hit two different cars. each car insurance company was wanting 4500 from me, i had been paying 100 bucks a month to each company since this all happened. a medical injury bill came in from one of the companies, so instead of 4500, i owed 17,000. along with this accident, i have criminal fines i have to pay (did stupid things when i was younger) that total out to about 3-4500. i realize bankruptcy wont relieve me of my fines.

my mother also put me in debt with my debit card, making me owe 2000 dollars. so, im paying 300 bucks a month in the accident/credit card alone. plus 100 to one fine. and my wages are going to be garnished (25 percent) for a bit for another fine (i didnt know i had other fines that still needed to be paid..ive had a rough start in my life, i want nothing more than to pay these things off)

if i add all that up, thats 700 bucks a month total in debt. or aroud 400-500 after my wages arent garnished anymore. i make about 1,000 a month. im renting out a room in a house. i own nothing.

i saw a lawyer, he said it’d be a good idea to file because its better to do it while you’re young than older..because i dont have anything to lose, and i dont plan on buying a house anytime soon, or a brand new car (i prefer buying from craigslist)..so im thinking it might be a good idea to file. i know its a last resort, so im seeking advice from the more mature and wise. 100 bucks a month to a 17k debt..thats about 15-16 years of paying that. every month i call, they say if i miss a payment, then our agreement is over and ill owe it all. in 15 years, thats a lot of chance to miss a payment, or slip. also, the lawyer told me that having this unpaid debt over my head, for so long looks awful. and my credit may never be decent, until its actually paid off and clear.

the sooner i have this debt clear, the sooner i can put more money into my criminal debt, so i can wash my hands from that. i mean, i realize that 20-21k in debt isnt that much. but, in my situation..and given how much i can actually afford right now.. ill be stuck in the same puddle for a very long time, BARELY squeezing by..for years. atleast 2-3 maybe 4, which is when i’d expect to get most of my other debt off besides the 17k collection.

what do you think? i live in washington if it matters. also, i am thnking about going to a trade school and getting into the medical field..like being an xray tech or some sort.. i know bankruptcy would disable me from getting a job at a bank (well more than likely) for example..

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.

My ex who pays child support is filing bankruptcy

I know child support can’t be forgiven, but, can it be put on hold while he is getting his finances together(chapter 13).

He had me sign a paper a while back -that was from his lawyer, that said they were not going to include child support in the bankruptcy part(easier for him?)
What does this mean they are not including it – and does this benefit me, or is there something I don’t know and I should?

I filed bankruptcy in 2006, chapter 13, and was making payments to a trustee. I had to stop sending those payments, and now one of my hospitals is filing for a judgement. Don’t know if I need a lawyer or not, etc. What can they attach i.e. home, checking account, etc.

I am declaring bankruptcy in Florida. I have a 2006 Honda Accord SE with 130,000 miles. It is in excellent condition. I looked online and it has the KBB value at around ,000. My lawyer said that the trustee may not ask for an appraisal but there was no guarantee. He said he was going to state that it had high mileage and wasn’t running great etc (which obviously is not the truth but I am trying to keep my car) Anyways, he said the trustee may contest me keeping the car and try to claim it. My mom bought it in 2006 and paid in full for it so I have no payments. My mom and I are both on title. Do you think they will contest it in court? I am worried and just might end up trading this car in and making payments on a new one that way it would be protected. I would then put the car solely in my mom’s name. Thanks for your help.

Do you think they will take my car?
I am declaring bankruptcy in Florida. I have a 2006 Honda Accord SE with 130,000 miles. It is in excellent condition. I looked online and it has the KBB value at around ,000. My lawyer said that the trustee may not ask for an appraisal but there was no guarantee. He said he was going to state that it had high mileage and wasn’t running great etc (which obviously is not the truth but I am trying to keep my car) Anyways, he said the trustee may contest me keeping the car and try to claim it. My mom bought it in 2006 and paid in full for it so I have no payments. My mom and I are both on title. Do you think they will contest it in court? I am worried and just might end up trading this car in and making payments on a new one that way it would be protected. I would then put the car solely in my mom’s name. Thanks for your help.

I filed chapter 13 in March and am making payments to the trustee. I didn’t file chapter 7 then bc I couldn”t afford to lose my car. My lawyer told me that I wanted to keep it until I saved up a down payment for a car then I could file chapter 13 and change it to chapter 7 later.

When do I lose the car though? Am I going to lose it as soon as I sign the papers? How do I make it to where I always have a car?

i have credit cards that are killing me. around 10k debt. i am wondering if i can file bankruptcy on just my credit cards, but not my home and my vehicle. i have never been ever been late on any payment or have missed a payment on anything ever in my life including my credit cards. the interest is so high on my credit cards that im paying 700-1k a month just on credit cards and im barely making a dent on paying them off. so can i do this legally with a lawyer with out anyone coming after my home or vehicle. i live in florida. i also just bought my home october 2009 with a fixed 5.5% interest rate at 165k. my vehicle i have had 1 1/2 years and originally paid 26k on a 3.99% fixed interest rate.