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!

He lost his job, he filed bankruptcy and now he cashed out his 401k. He has a Meeting with Creditors next week. I want to know if the 401k money belongs to the Trustee instead of him? this is in Ga.
what if he already spent it?

My HOA’s Attorney raked up excessive unjustified fees on me for their own personal gain. I was late paying my HOA fees initially and willing paid the stated late fees along with my HOA dues. However, the Attorney collecting these fees does not accept credit card payments over the phone or online, etc. Therefore, I mailed the amount owed. To my surprise, I later received another letter indicating I owed another 0 for late fees. I ignored this notice b/c I thought that they probably didn’t input my payment in their system prior to the letter going out. So I received another letter stating I owed the 0 plus additional fees, and so on. Basically, each time I paid the stated late fees via mail, the Attorney claimed my payment didn’t arrive on time to their Office, and therefore I owed additional late fees.

In addition, all of my payments were applied towards Attorney late fees rather than my HOA dues. My dues were only 0 per year, but within that year I paid over 0 in additional fees that were never applied towards the full amount owed to my HOA. The Attorney continued to take their money off the top and say that I still owed a balance towards my HOA dues. As a result, I stopped paying b/c I felt I was being ripped off and the fees continued to increase. They ended up suing me for the amount they claimed I owed along with more Attorney fees and court cost.

Since I mistakenly missed the initial court date, when I showed up for the second court date where they filed a judgment against me, they won simply b/c I missed the initial court date. Now they are garnishing my bank account for the amount owed from the judgment.

Currently, I’m unemployed and my home is in foreclosure. I recently filed chapter 7 bankruptcy to stop the sale of my home so I can have time to secure a job and work out a modification on my home loan and get it out of foreclosure. I have not had the meeting of creditor’s as of yet. Can I discharge the past due HOA fees from the judgment/garnishment? I am willing to pay the past due HOA fees I accumulated after the garnishment since I intend on keeping my property. Also, I live in Georgia. Thanks for your answers.

I’ll make this quick. Do to some circumstances my wife and I fell behind on our mortgage. Our lender is countrywide. We have a 100% financed sub-prime loan with an 80/20 ARM and prepayment penalty. (A piece of trash loan I know, we know better now) Also there is another Lender…Franklin Credit which makes up the 20…We filed for bankruptcy in 2006 and have been making payments for two years now…due to the economy and a few unfortunate illnesses we were not able to stay current on our chapter 13 payments…so there was a motion filed by our trustee to close the bankruptcy unless we could become current by a certain time…..

When we contacted our lawyer he told us that we had three options…
1.bring the payments current(9,000.00) of course we don’t have that…
2.Let the bankruptcy go and hang on until foreclosure on our house starts then try to start another chapter 13….
3.Modify our current bankruptcy and pay them a fee to file this motion…go get chastised by a judge…and make our payments higher.
Oh I guess there were four options…4.convert to chapter 7….

At the time the bankruptcy was initiated there were no problems in making the payments….but then the bottom fell out…I am in transportation….my overtime was cut to 0….my wife has had a significant reduction in hours and I had a surgery that kept me out of work for two months…all of this has led to the fall behind…..

Ok so I have two questions relating to this situation…..

1. Can/Should I try to refinance the loans during the bankruptcy…The mortgage payments are made through the trustee….but we still get statements from countrywide….our current statement is 3000.00 a month UNBELIEVABLE…..If we can’t refinance there is no way we can afford this ridiculous arm after the bankruptcy…

2.Will president Obamas new plan help us during bankruptcy…we don’t know what to do…stay here pumping money into bk13 that was primarily done to save our home that we may not be able to keep after the bk….or convert to chapter 7…let it all go…uproot our family and start over…or possibly get some help from Obamas new plan.

We need guidance…we are good people with good jobs…good family…and good morals…we were admittantly irresponsible in money management…we own our part and we have drastically changed our lifestyle….but we were also taken advantage of as first time homebuyers so we want them to own thier part as well….

Please anyone who can give advice on my situtaion would be greatly appreciated…please don’t soilicit us…we are in trouble…our family is in trouble as many others…we need good soild,honest advice to get back on track…..Thank You.

I hope when people read this they do not judge…as I am only asking a question to make a decision. Over the past 3 years, my husband and I have lost about 00 in income per month due to job losses and pay cuts. This was immediately after purchasing our new home during the housing market boom. We managed to stay afloat by going through all my 401K money, and my husband taking a second job. It soon got to be overwhelming, with us having 3 children. Many times neither of us saw my children for days due to the fact that we were both working evenings. They are age 14, 13, and 7. The stress of having to take care of everything was beginning to effect my daughter, so I decided enough was enough. Some things are just more important than that big beautiful home. I made my husband quit his second job, so that someone could be here with the kids in the evening. We have since filed chapter 13 bankruptcy, as we were getting taken to court to be sued by a few of the credit card companies. My mom saw how stressed out we were, and came to us and asked us to move in with her as my father passed away 3 years ago unexpectedly. She wants to help us and in turn it would help her as she is by herself and could use help keeping the home repairs up not to mention she is terribly lonely. She doesnt want us to pay her anything, which would allow us to save a lot of money and get back on our feet financially and she also wants me to go back to school so that I will be able to get a better job in the future. (I was halfway done with school when I had my first child and had to quit.) We are very fortunate to have this opportunity. We currently have put our home up for sale and are in the process of chapter 13. I doubt we will sell our home with the housing market being what it is these days. So we made the decision that at the end of the school year we will move into moms. I will quit my job so that i may attend school full time, and we will convert to a chapter 7 bankruptcy, and let the house go into foreclosure. It was a very painful decision for us, and we have lost a lot in trying to keep up. My question to everyone is…if you had this opportunity would you take it? It is a gut wrenching decision for me and my family, so please dont think we are taking the easy way out.

My husband and I filed for chapter 7 bankruptcy 6 weeks ago due to a wage garnishment and other reasons. Our lawyer told us because of the timing and amount garnished we would get all of the garnished money back. The automatic stay has been in place for 4-5 weeks. My question is when or how long does it take before you receive that money back?

Her and her husband are currently under chapter 13 they have cashed there refund check…they needed it to fix there car…Will they both go to jail for cashing it? They have a 6 year old and a 1 year old. What or if anything will happen to them… She went to her trustees web site and on there main page it saids (All tax refunds during your entire case must be turned over to the Trustee uncashed. Failure to turn in your refund will result in your case being dismissed and will also prohibit any filing of future cases.) she also has a lawyer but she doesnt like her… and doesnt want to deal with her any more can she go with another lawyer? They Live in Louisiana
When they filed in Sept. 2007 there first tax refund check was sent directly to there trustee.. about 2 months ago they recieved a letter saying (We have you Certification of Compliance and Request for Discharge in our office to be signed as soon as possible.) So they assumed that there case was being Discharged) I just hope that they dont go to Jail b/c they have 2 kids
Hi to Jen
They received this letter on April 17 but they called her a week or so before they sent the letter. They received the tax refund almost the end of May. They went and signed the letter on June 1 so they thought that the check was theres. B/C they keep all they others. Like when Gustav came there car was crushed by a tree. they got money back from there insurance they lawyer took that check too. They wasnt going to give it to them b/c they needed a new car. So they will go and get a new lawyer when they get back from there Disney Trip… Thanks for every one advice!!!

Ok 2 million people a year going bankrupt from being wiped out by medical bills.

3/4 of those people that go bankrupt were insured before the illness took place. My point is, the insurance now does very very little to protect against a serious illness like cancer.

I dont get it, why are people so stupid? You might be happy with the insurance you have now, but wait till the illness gets expensive… they either cheat you out of the coverage or jack the rates so high that you cant pay.

Do you really think insurance companies are going to cancel your insurance if you go to the doctor for a common cold with a 0 bill? They wait till it gets expensive and then screw you over, even though its likely they could cheat you out of the 0 bill, they wont do it to everyone because they dont want YOU to know about how they really are.

My god just watch Sicko or look up the stats yourself online…

Why cant we just have more sympathy? Obama isnt the answer, he is a lying chicago politician who got put into power by the FED/banks/AIG. When Obama tells millions of people that we can get the "public option", it is just smoke and mirrors. His public option isnt going to get passed, he is just pretending to try knowing full well that it cant be funded or implemented.

Sadly, he isnt going up against the insurance companies. In 1 FOUL SWOOP of Obamas pen, he couldve made it so that importations of medicine from Canada and other countries would become legal again (some medications can cost 800x more then their ingredient value in the USA), but has he done this yet?…. Why hasnt he done this?….

The american bankruptcies will continue and rise as expected. Until we get something like that of Canada or France’s system, we are going to be caughing up all our money to hospitals.

Nothing has changed, Obama isnt going to help, its up to everyone here to get it done!

I live in San Diego, CA. I have absolutely horrific credit (not bragging). I had a rough patch which basically demolished my fair credit score about 2 years ago. I have been working at the same job for years and in the past have rented various luxury apartments in the past (when I had fair credit). I have never had a problem with a landlord as I have always paid my rent on time. My credit history tells a very different story however. I think my FICO is a whooping 500 which is terrible I know. I am now what they call cash rich, credit poor. I’m finally making really good money, but I have the worst credit rating. I don’t want to have a co-signer, but if I have to I can get one. I can also afford to pay double whatever the deposit may be. Will the fact that I’ve had the same job for four years, make over 3 times the rent amount, and have a good rental history save me from my terrible credit history? How tough are landlords about this sort of stuff? I want the apartment in my name only and I have a dependent.

I know that people experiencing worse situations…i.e. bankruptcies must be able to rent, so surely I can rent someplace?

Does anyone know of apartment complexes in San Diego that either don’t do credit checks or that will work with people with bad credit? I did find one place online that is a luxury apartment and works with people with bad credit, but I really want to save money and all their apartments are 00+.

I am going through a hard time and after having good credit need to file BK unfortunately. The attorney quoted ,000 to file for 13 and ,000 to file for 7 so I wanted to know why one is 1/3 cheaper. I read online that the 13 says you have to repay the debt, so what would the point of filing BK be if i don’t have the money after I lost my job to pay it? This is in CA if that makes a difference.

I am going through a hard time and after having good credit need to file BK unfortunately. The attorney quoted ,000 to file for 13 and ,000 to file for 7 so I wanted to know why one is 1/3 cheaper. I read online that the 13 says you have to repay the debt, so what would the point of filing BK be if i don’t have the money after I lost my job to pay it? This is in CA if that makes a difference.

Ok 2 million people a year going bankrupt from being wiped out by medical bills.

3/4 of those people that go bankrupt were insured before the illness took place. My point is, the insurance now does very very little to protect against a serious illness like cancer.

I dont get it, why are people so stupid? You might be happy with the insurance you have now, but wait till the illness gets expensive… they either cheat you out of the coverage or jack the rates so high that you cant pay.

Do you really think insurance companies are going to cancel your insurance if you go to the doctor for a common cold with a 0 bill? They wait till it gets expensive and then screw you over, even though its likely they could cheat you out of the 0 bill, they wont do it to everyone because they dont want YOU to know about how they really are.

My god just watch Sicko or look up the stats yourself online…

Why cant we just have more sympathy? Obama isnt the answer, he is a lying chicago politician who got put into power by the FED/banks/AIG. When Obama tells millions of people that we can get the "public option", it is just smoke and mirrors. His public option isnt going to get passed, he is just pretending to try knowing full well that it cant be funded or implemented.

Sadly, he isnt going up against the insurance companies. In 1 FOUL SWOOP of Obamas pen, he couldve made it so that importations of medicine from Canada and other countries would become legal again (some medications can cost 800x more then their ingredient value in the USA), but has he done this yet?…. Why hasnt he done this?….

The american bankruptcies will continue and rise as expected. Until we get something like that of Canada or France’s system, we are going to be caughing up all our money to hospitals.

Nothing has changed, Obama isnt going to help, its up to everyone here to get it done!

I am only 25 years old and have a little over ,000 in revolving debt. About ,000 is unsecured credit card debt and ,000 is on a leased car. I am getting over my head in bills and falling behind by about 3 months on most of my credit card bills. I have creditors calling me and I avoid all calls now because they are so rude (as if I owe them personally). I am under so much stress that my health is being affected. I met with a credit counselor regarding debt management and came up with a plan to pay 0 a month to pay towards my debts, over a period of 5 years. I added it up and the debts I will be paying is only going towards the ,000 credit card debt and 0/month for 12 months for 5 years equals out to be ,000 that I will pay out on a 000 debt, well over what I originally owe. Also, I have done my research and debt management seems very similar to filing Chapter 13, so I am considering filing for a Chapter 7 bankruptcy, can somebody clarify what my advantages are over the disadvantages. I know that filing for bankruptcy is bad on my credit but I think that if I file bankruptcy it will be easier for me to save money towards big major purchases in the longrun. Plus I am only 25. Assuming by the time I am 30 it should be alll good right? Am I thinking naively? Also I was thinking that if I file before my fiance and I get married, it would be much better? Also what exactly do I need to qualify for a Chapter 7? Please help!!!!

My GF has a few accounts that have went into collections. Accounts that she had prior to us getting together. We have both fell into a little bit of financial trouble seeing as how our condo (that we are renting) has went into foreclosure right from under our feet. She was told from one of her friends to contact a debt consolidation company and they will help her to take care of the k worth of debt that she has that has went to collections. i have found other things online (please see following link)

http://www.creditinfocenter.com/debt/DebtConsolCompanies.shtml

that advise against such things BUT there is no real reason WHY… we would both like a chance to breathe and would like a 2nd chance to get our credit back into a respectable boundary. I dont care if the consolidation company is going to make money off of us as long as we can start paying down these bills a little at a time and get back on track with the rest of society. Neither of us have and repositions or bankruptcies she just has some credit card issues and a "cosmetic" medical bill that needs to get paid off…

thanks in advance for any info.

Ok 2 million people a year going bankrupt from being wiped out by medical bills.

3/4 of those people that go bankrupt were insured before the illness took place. My point is, the insurance now does very very little to protect against a serious illness like cancer.

I dont get it, why are people so stupid? You might be happy with the insurance you have now, but wait till the illness gets expensive… they either cheat you out of the coverage or jack the rates so high that you cant pay.

Do you really think insurance companies are going to cancel your insurance if you go to the doctor for a common cold with a 0 bill? They wait till it gets expensive and then screw you over, even though its likely they could cheat you out of the 0 bill, they wont do it to everyone because they dont want YOU to know about how they really are.

My god just watch Sicko or look up the stats yourself online…

Why cant we just have more sympathy? Obama isnt the answer, he is a lying chicago politician who got put into power by the FED/banks/AIG. When Obama tells millions of people that we can get the "public option", it is just smoke and mirrors. His public option isnt going to get passed, he is just pretending to try knowing full well that it cant be funded or implemented.

Sadly, he isnt going up against the insurance companies. In 1 FOUL SWOOP of Obamas pen, he couldve made it so that importations of medicine from Canada and other countries would become legal again (some medications can cost 800x more then their ingredient value in the USA), but has he done this yet?…. Why hasnt he done this?….

The american bankruptcies will continue and rise as expected. Until we get something like that of Canada or France’s system, we are going to be caughing up all our money to hospitals.

Nothing has changed, Obama isnt going to help, its up to everyone here to get it done!

My mom and my step dad have declared bankruptcy one or two times in the last 10 years. My older brother now lives with them because his health hasn’t been so great for some time. Needless to say their credit isn’t so good after filing for bankruptcys. Now I hear the bank has gone to foreclose their home and they say to us, their adult children that they have their lawyer working on it but don’t tell us much else. My parents havent made such great choices about their money in the past so we are pretty skeptical. Not only that a majior reason why they are in this finacial hell is because my step dad fell for an internet e-mail scam. I and my brother am trying to help them as much as we can with our own practical smarts but they haven’t told us any details so far. From what we gather my parents could be housless come Febuary. What can be done to help them legally and, or what would you do about all this?
I don’t know what form of bankruptcy they have filed this time.. but they say they will be required to pay all of their bankruptcy debts off and keep up with all of their incoming future bills they will have too.
Step dad works two jobs. My mom is on disability. My older brother also works but he is the one who has been sick (and even though its not HIV or AIDS he may also be ill for years to come too) is now working at a Taco Del Mar.

I filed chapter 7 bankruptcy due to a failed business and was discharged about 9 months ago. In my bankruptcy filings I surrendered my house and moved out after the filing. To this date the bank has not yet foreclosed on the property and I was just taken to court for the 450/month HOA dues for the past year. The house has been empty all this time and now I am out over K. I thought about renting out the place to recover some of this money , but I am concerned that there may be consequences to renting when you are technically in foreclosure. I want to accelerate the foreclosure process and get rid of this issue and get on with my life, but not sure how to proceed. Any guidance would be appreciated.

We started renting the property Feb 2010 and have always paid the rent on time or early by deposit into their bank account. On October 1st they called us and told us to stop paying rent and that we would not be getting our deposit back and that he is filing bankruptcy and the house is in foreclosure so to stay until the bank contacts us and to save our rent money to move to a new place. They have not paid on the mortgage since March 2010 and Bank of America filed for foreclosure in the court on Oct 17, 2010(I found this information online yesterday). I was just wondering how much time we had because we are trying to save up as much as possible to move. We don’t want someone from the bank to knock on the door and say get out either because we have a 7 year old and a 7 month old. Does anyone have any helpful advice?
Yes we signed a 1 year lease before we moved in.

I am in a situation and am tired of the harrasments, the collection calls, collection letters I have no money I bearly make enough to support me and my son. I am a single parent and think that I want to file for bankruptcy. Has anyone done this and if so can I get some advise. What was your outcome is this something your glad you did or something you regret? I think when I go speak with my lawyer about this situation I think this is what he will offer but I have a feeling that with my luck I may regret it. What are the pro’s and con’s about bankruptcy.

I filed Bankruptcy and it has been discharged for a year as of June and i went to pull my credit report some of the items that are on my credit report is still there they where not paid off. I still have balances on 15 accounts i filed chapter 13 and i have been trying to get in touch with the attorney i went through and he is no longer with this company. My credit score is 512 what can i do fix this problem i am 13,000.00 in debt because of this and i dont have that kind of money layng around the house should i consolidate them they are all old bills but i wanna fresh start. Please Help!!!