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Chapter 13 bankruptcy - How to keep assets and repay debt

Author Message
mel515

Guest





0.10 Dollars($)

Post     Post subject: paying back a secured loan

we totaled our2002 van and it has a lien on it the insurance co has contacted us with the amount do we pay off the lien or are we allowed to purchase another vehicle with insurance check
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edith

Guest





0.10 Dollars($)

Post     Post subject: Chapter 13

My attorney tells me that I can not stay in Chapter 13 because a note I have on land will be up for renewal in january. We were scheduled to meet with judge and trustee for approval of plan and one of lien holders objected to my real estate brokers comission 10 minutes before hearing. I am being told due to this objection it will be too late when case is brought up again in Jan. Help! What are my rights? I owe around 530,000 in debt on note and have had $90,000 in sales which bank refuses to release property to decrease loan.
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Mini Profile  adonis
adonis


Joined: 22 Oct 2005
Posts: 10242
Location: ALASKA

1042.50 Dollars($)

Post     Post subject:

Welcome edith,

As far as I know, when you file bankruptcy, the court will issue an automatic stay order and your lenders/creditors will not be able to sue you for your debts. I would suggest you to speak to your bankruptcy attorney and take his opinion in this regard. He will be best person to guide you in this regard.

_________________
Procrastination is the enemy of your financial success
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Ruth Sri

Guest





0.10 Dollars($)

Post     Post subject: Chapter 13 or Debt Settlement

I have two credit cards at 13,000 and 10,000. I can no longer afford to pay them and the interest is growing. My BK attorney's flat fee is 3274 with 774 down and 215 for 60 months, estimated by my attorney. does these numbers seem about right. I didn't include my car in the chapter 13. This was at my free meeting. I talked to the CC companies and they either would not budge, or wanted direct access to my checking account. What is my best options. 215 is gonna be tough.
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Mini Profile  jameshogg
jameshogg


Joined: 20 Dec 2005
Posts: 10148
Location: Nevada

941.94 Dollars($)

Post     Post subject:

Hi Ruth,

I would suggest you to negotiate with your credit card company and check out if they can give you an affordable repayment plan to clear off the dues. If they do not, then you always have the option of filing Chapter 13 and getting your credit card debts discharged.

Thanks
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Randy1

Guest





0.10 Dollars($)

Post     Post subject: modification

During a modification can I add on medical bills incured after the original filing date?
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eric01

Guest





0.10 Dollars($)

Post     Post subject: chapter 13

if i file for chapter 13 will i get to keep items such as my truck and my motorcycle
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Mini Profile  jameshogg
jameshogg


Joined: 20 Dec 2005
Posts: 10148
Location: Nevada

941.94 Dollars($)

Post     Post subject:

Hi Randy,

As far as I know, if you find out that an entry is inaccurate or missing, you can file an amendment to correct it. However, you're submitting the petition under the penalty of perjury, so you should take care with your initial filing.

Hi eric,

You will get a repayment plan from your lender after you file Chapter 13. If you pay off your debts according to the repayment plan, you will be able to save your truck and your motor cycle.
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meto

Guest





0.10 Dollars($)

Post     Post subject: chapter 13

in a chapter 13 if you up todate with boat and camper payment are you allowed to keep them?
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Mini Profile  jameshogg
jameshogg


Joined: 20 Dec 2005
Posts: 10148
Location: Nevada

941.94 Dollars($)

Post     Post subject:

Hi meto,

If you're up to date with your boat and camper payment, you'll be able to keep them. You'll have to list them as your assets but you won't have to include them in your bankruptcy filing.

Thanks
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lbenny2

Guest





0.10 Dollars($)

Post     Post subject: Charged off 2nd mortgage

I have a second mortgage that is charged off. I owed 75000 and the original pmt was 650 a month. Can I use this in calculatilng a means test for chapter 7 bankruptcy?
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Mini Profile  smithsussane
smith.sussane


Joined: 18 Sep 2008
Posts: 10020
Location: Alaska

917.78 Dollars($)

Post     Post subject:

Hi lbenny!

Welcome to forums!

You will be able to include your charged off amount in Chapter 7 and will also be able to get it discharged. As the charge off amount is a debt that you still owe, you can use it while calculating your means test. You need to contact your bankruptcy attorney and he will help you in doing the calculation in regards to the means test.

Feel free to ask if you've further queries.

Sussane
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angel

Guest





0.10 Dollars($)

Post     Post subject: can i file chapter 13 after filing chapter 7

i filed ch.7 on 2003. im behind on my mortgage due to illness . i owe 214,000 on my first mortgage and 92,000 on my 2, can i discharge my second completely? Confused
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angel

Guest





0.10 Dollars($)

Post     Post subject: can i file chapter 13 after filing chapter 7

i filed ch.7 on 2003. im behind on my mortgage due to illness . i owe 214,000 on my first mortgage and 92,000 on my 2, can i discharge my second completely?
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Mini Profile  adonis
adonis


Joined: 22 Oct 2005
Posts: 10242
Location: ALASKA

1042.50 Dollars($)

Post     Post subject:

Hi angel,

I guess you want that the bankruptcy court should strip off the second loan completely. However, this is not possible in case of Chapter 7. If you file Chapter 13, you would be able to strip off the second loan completely if you do not have equity in the property.

_________________
Procrastination is the enemy of your financial success
image
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