Posts Tagged ‘chapter 13 bankruptcy’

can I fire my bankruptcy attorney?

My husband and I live in Alabama and initially filed chapter 13 bankruptcy 2 years ago. We have had to revisit our chapter 13 once to have the payments reduced and surrendered our home and a vehicle in the process. I am no longer employed and we have lost about 20,000.00 in annual income, that puts our total income at less than 35,000.00 per year. I have returned to school under a pell grant and it is just enough to cover tuition and books. I contacted our bankruptcy attorney’s office and sent them the paperwork showing the change in income and a letter from my previous employer. We had to send it certified because they claimed to have never received it by fax or email. We want to convert to a chapter 7. We are renting a home, my husbands work has slowed to a crawl, the bank has yet to take possession of our house that we surrendered, we cannot make our bankruptcy payment and I cannot get anyone from the attorney’s office to call me back with any answers. Would it be a bad idea to fire this attorney and start again with a new attorney? Or is it just the way things are? It took us nearly a year to get our first chapter 13 revisited and at this rate we are going to be in huge trouble if we can’t get something resolved. I might even have to cash out the little 5000.00 I have in retirement. ( I am 45 years old). Any advice. I cry every day.

Technorati Tags: , , , , , , , , ,

I want to refinance my two year fixed mortgage. I'm in a Chapter 13 bankruptcy. Any good companies for this?

I have been with the same mortgage company for almost four years. I started with an adjustable mortgage. After two years the rates and payments shot up. I modified with them to a two year fixed. This expires in August. Last November, I filed a Chapter 13 bankruptcy, which includes the mortgage. My attorney says to either work on another modification with the company I have, or to seek out a refinance somewhere else. Has anyone out there been in similar situations? What did you do? Any recommendations on a good company to go with?

Technorati Tags: , , , ,

What does it mean when you file a chapter 13 but you cant get a discharge?

I have filed chapter 13 bankruptcy: August 07, October 07, and September 08. They are telling me that I can file a chapter 13 bankruptcy until Oct 09. I spoke with an attorney and he said that I can still file for bankruptcy, pay into the bankruptcy, but I won’t receive a discharge. What does that mean. I need to file, so that I can save my car. asap.

Technorati Tags:

Debt collection agency questions. Could this be fraud?

My husband has been getting phone calls from a collection agency at work. The agent calls but when my husband answers he hangs up right away. They will leave messages but will not talk to anyone when they call and someone answers.

The supposed debt was from an HSBC credit card. We filed chapter 13 bankruptcy in 2006. The card application was dated April 2007. I would have never applied for a card after filing bankruptcy. We received a bill for a credit card from Orchard Bank which we had in 2005 and the account was placed on our bankruptcy case. So I contacted the attorney and he said to disregard the notice. We moved in 2007 and had problems with mail being forwarded back to our old address. We had electric, cable, insurance bills that were sent to our old address. I became concerned and called the providers. They told me that the bills were sent back to them with address unknown.
I almost had all my utilities disconnected and our insurance canceled. We also had problems with the postal carrier placing mail in wrong boxes at the old address.
I’m concerned that someone may have opened up an account with a pre-approved credit offer. We received letters from one collection agency and I contacted my new attorney and she asked them to verify the debt. They did verify the debt but it wasn’t a card that we ever had.
HSBC then sent it to another agency. Then this new one. I sent them 3 letters asking them to verify the debt. I have never received any bills, letters, nothing from them. Just the phone calls at work. I then mailed them two certified letters asking them to stop calling my husband at work and to verify the debt. This was 2 months ago. No letters but the calls are still happening.
I checked my husband’s credit report and found the old HSBC/Orchard card listed and a new HSBC card listed to it. Should I dispute the file to the credit agency? Another strange item is that the collection agent told my lawyer that we paid on the bill. This is all really strange. I would never send in a payment of only . Is this a way to get this off of my husband’s credit report and to get this agent to stop? Thanks.

Technorati Tags: , , , , , , , , , , , , , , ,

Divorce and Bankruptcy?

My husband and I are starting the process to file a chapter 13 bankruptcy. The majority of the debt is from him buying a ridiculously expensive car without my consent when we first married. My name is not on the car loan. I’ve pretty upset and fed up. I am considering at least separating from him while this is going on. Is it better that I wait until the bankruptcy is final, or should I do it now? I don’t want to ask our lawyer because I don’t want to make this worse than it already is.

Technorati Tags: , , ,

if you file bankruptcy, are mortgage lenders more or less likely to work with you for a modification?

in filing chapter 13 bankruptcy, are mortage lenders more or less likely to work with you to get a home modification. My home has dropped 90,000 in value and it’s really not worth paying on a 170,000 loan when other houses in my neighborhood are being sold for 80,000 and getting a lower interest rate.

Technorati Tags: , , , ,

How can i increase my credit score while still in chapter 7 bankruptcy?

What can i do to increase my credit score and be able to buy a home ASAP while i am still in chapter 13 bankruptcy? what is the best way to repair my credit, legal/illegal

Technorati Tags: , ,

What happens if you can't pay property taxes?

This year has been extraordinarily difficult and I’ve had to use the money that I was setting aside for property taxes which are due in Jan and Feb. They give you till the end of Feb to pay without penalties. Credit cards and title loans aren’t an option, those have already been tapped this year as has the Roth which was depleted anyways because of previous problems years ago. About the best I could hope for would be to borrow against my 403b but again due to serious problems a few years ago (including being told I would be dead within two to five years by Doctors), I never amassed anything significant there and actually nearly lost track of having it. It would only be enough for maybe half of the property taxes. There isn’t any equity in the home that can be drawn on, I’ve only had it for a year and aside from antique computers, I have nothing to sell. There’s a benefits retirement program but because I had a backup job that reactivated the program when I lost my job in April, I can’t touch that money at all unless I quit my job. Also that money may have gone into the State lost funds thing because I lost track of a lot when I was really sick a few years ago. So now with maybe four months max to save up for property taxes, which means it isn’t going to happen, what’s going to happen when I can’t pay the full bill by the end of Feb? Should I file for forebearance from the mortgage company? The Obama MHA would require an escrow for the taxes to be established, if I can’t save up enough for that by the end of Feb, how could I establish an escrow for that amount? Should I let bills go into arrears to save up for the taxes? Should I just declare chapter 13 bankruptcy?
I should probably add that I’ve lost a third of my income. I had a backup job already arranged when I lost my job in April but it was at two thirds the pay with better benefits. My girlfriend also had legal problems that I sorted out for her but that has left me with a budget that doesn’t balance. I’ll make it balance somehow, I have to. But loosing one third of my wages is loosing over k. I’m in a serious negative cash flow situation. I should be able to pick up some contract work, that should bring in up to 20% more cash but that’s not a certainty. Can’t ask family, sister had a stroke and is about to declare bankruptcy if the hotel folds. Probably need a DMP to make budget work.

Technorati Tags: , , , , , , , , , , , , , , , , , ,

Attorney neglect?

My husband and I filed chapter 13 bankruptcy in 2006.
The attorney that represents us has failed to respond to 3 letters sent to him requesting help with our case. A certified letter with
delivery confirmation and signature required upon delivery. At least 5 phone calls and several emails. I have a new lawyer who has looked at our case. She found the case to be "botched badly". I had to quit work due to a back injury. So we lost my income which is included in the case and ch. 13 payments. He has us paying too much back to creditors. The last thing is that he made an error and now we owe over 00 in back taxes to both the IRS and city taxes. I called him once
and the secretary forwarded the call to his line. The phone rang for over 30 minutes. I received a call then flashed to answer when I hung up his phone was still ringing. Should I file
a grievance with the county bar association and also fire him?
Thank you for any answers.

Technorati Tags: , , , , , , , , , , ,

What is the difference of Chapter 7 bankruptcy to?

chapter 13 bankruptcy? any information about chapter 7 bankruptcy.

Technorati Tags: ,

What do I need to do to prepare to buy a house after a bankruptcy?

My husband and I filed Chapter 13 bankruptcy and it is to be discharged next year. When it is discharged we will have no debt except for my ,000 student loan that we were not able to include. Our gross annual is k+ now and we have opened and maintained two 0 limit credit cards that have perfect payment history for over a year now.

What else should I be doing between now and then to qualify for a first time home loan once this is discharged? Approximately how much down payment should we be looking to save? Should we be looking to get our credit score be at a certain level considering the bad mark bankruptcy left? Any other tips? I sincerely want a home. We are responsible people who got into a mess because of a medical hardship. We are paying back debt and just hope to come out of this able to purchase our own house.

Thank you all for taking the time to answer. Any help is sincerely appreciated! :-)

Technorati Tags: , , , , , , , ,

Do I have the ability to bring legal action against my attorney?

Our (chapter 13 bankruptcy) attorney failed to subimit documents to the court. He directly lied to us and told us that he did. We’re in the last year of bankruptcy and in need of purchasing a car. He told us almost 3 weeks ago that he submitted the papers to the court and then admitted to my husband today that he didn’t. What recourse do we have? Thanks in advance…
Our (chapter 13 bankruptcy) attorney failed to subimit documents to the court. He directly lied to us and told us that he did. We’re in the last year of bankruptcy and in need of purchasing a car. He told us almost 3 weeks ago that he submitted the papers to the court and then admitted to my husband today that he didn’t. What recourse do we have?

And just for everyone’s edification… it was not because we had out of control debt. It was because we had a child that was born with extensive medical needs far and beyond our insurance and the fact that I needed to stop working for 3 years. It was all medical debt.
Thanks in advance…

Technorati Tags: , , , , , , , ,

I didn't have a job when I filed bankruptcy but I just got one?

I filed a chapter 13 bankruptcy but havent been to the creditors meeting yet. I already signed all the papers and was sent a letter on how much they are going to be taking from each of my husbands pay checks. I just got a call this morning for a job interview and got the job will this affect my bankruptcy at all since I already had a set amount I would be paying?

Technorati Tags: , , ,

Should one be allowed to pay religious tithing when they are filing for bankruptcy?

I personally say no since charity starts at home and if your filing bankruptcy that means you don’t basically have the finances for anything extra such as 10 percent tithing. What do the rest of your think?
~FYI~ Senator Orin Hatch of Utah and Baraq Obama are in favor of this bill
So it is alright to default paying others their money but it is alright to keep giving money to whatever church you happen to belong to, interesting—-
The Salt Lake Tribune/December 7, 2006
By Thomas Burr
Washington – Congress has passed legislation co-sponsored by Sen. Orrin Hatch, R-Utah, that would allow a person to contribute to charity or pay religious tithing during the course of a consumer bankruptcy. The bill, also sponsored by Sen. Barack Obama, D-Ill., passed the House on Wednesday; the Senate approved the measure in September. "Congress has a long history of protecting our religious freedom to tithe," Hatch said in a statement. "That was our intent when we enacted bankruptcy reform last year, and this bill clarifies the law so that those who tithe can continue to live their faith while in bankruptcy." A ruling by a New York bankruptcy court earlier this year prompted the legislation. The judge ordered that an upper-income couple filing Chapter 13 bankruptcy could not pay tithing to a church until all creditors were paid first.

Technorati Tags: , , , , , , , , , , , , , , , , , , ,

i want to file for chapter 13 bankruptcy. i currently am financing a car. if i put my car in my bankruptcy, wi

i want to file for chapter 13 bankruptcy. i currently am financing a car. if i put my car in my bankruptcy, will i lose it?
i want to file for chapter 13 bankruptcy. i currently am financing a car. if i put my car in my bankruptcy filing, will i lose it? i want to include it because i simply can’t afford to pay it.

Technorati Tags: ,

What can I do about a foreclosure?

Is there any alternative to chapter 13 bankruptcy?

Technorati Tags:

Found out onlline my apartment owners filed chapter 13 bankruptcy. Do I need to worry ?

i found out online my apartment complex owners filed a Chapter 13 bankruptcy in March 2009. The story online says all their assets will be sold at auction to pay creditors. I have not been informed of this by my landlord but we did get a notice of an inspection in 2 days.
Is their a chance I could get evicyed because of the place beng sold because of bankruptcy ? Do the new owners have to legally honor my lease ?

Technorati Tags: , , , , , ,

Where can I find a lawyer that deals with Chapter 13 Bankruptcy in the City Of New York?

I am having financial problems. I need to speak with a lawyer that can help me. It has to do with chapter 13 Bankruptcy. Any good lawyers in New York?

Thanks

Technorati Tags: , ,

Do I need a bankruptcy lawyer?

I filed chapter 13 bankruptcy 4 years ago and it will be discharged this year.The lawyer I had no longer practices. Do I need another lawyer to represent me or will the trustee just mail the papers?

Technorati Tags: , ,

When you filing Bankruptcy with husband and get separated?

If were going to file chapter 13 bankruptcy but want to separate before filing because it will help us pay less monthly if we have more expenses, will they get suspicious even if we get legally separated?

Technorati Tags:

-->