When I called and asked what happened, They told me that all necessary docs were filed and they have copies of everything that was filed and the copies show the court stamp as being filed, even the doc that the court said was not filed.
Then I was told that it was a court error. She told me she spoke with the court supervisor and was told that even if it was a court error,if i want to refile, I have to pay the full filing fee again.
They want me to pay for refiling, I disagree it is not my fault that the court files are incomplete.
Can the court make me start all over even though we can show them a copy of the missing doc which bears the courts "FILED" stamp?
Since I paid the lawyer to do the filing isn’t it the lawyers responsibility to guarantee her services since I provided all the information necessary for the filing? Isn’t it her responsibility to pay the filing fee to start the process all over again? Or should the court have to accept a copy of the "FILED" missing doc to complete the file and reopen the case without charging the full refiling fee/
this mistake
My lawyer has told me that I have to pay the filing fee again even though I am filing BK because I can’t pay my mortgage, I am in foreclosure, and I am currently not employed… I need what few $ I have.

Technorati Tags: bk, court supervisor, docs, foreclosure, lawyer, lawyers, mistake, mortgage

I lost my job a few months ago and my husband and I have been not been able to pay the mortgage. I was going to try to modify the loan before filing but it will be void if I file bankruptcy. My attorney says I can try to modify the loan after bankruptcy has been filed. Is this true?

Technorati Tags: bankruptcy, job, mortgage

My wife and I do not want the house anymore, and we need to relocate to be with family. If we give up the house in a Chapter 7, are we relieved of all liabilities pertaining to the mortgage?

Technorati Tags: chapter 7, liabilities, mortgage

I walked away from my home in Michigan ( prop val. fell from 140k to 65k) and bought another home outright….. the bank has not come after me yet and I have not made a payment in 5 months nor have they foreclosed…… I know the foreclosure is coming and probably a deficiency judgement but I plan to file bankruptcy if they do…… but my question is…… the mortgage was in my name only and I have all my money in cash in a safe and would like to open an online trading acct. and put some money in the market in her name……… would it be a wise thing to do? Even though we are married , can the bank come after anything she has in her name even though her name was not on the mortgage?

Technorati Tags: 5 months, acct, bankruptcy, deficiency judgement, foreclosure, money, mortgage

My step-father in-law is in debt with a 2nd mortgage on his home and credit card debt totaling about 0,000. His wife just passed away a few months back. He is 78 years old and is not to handle all of this with creditors arousing him. He has someone wanting to buy his home, but i am afraid he will be left out in the cold. I need some legal free advice.

Technorati Tags: credit card debt, creditors, free advice, mortgage

I bought my home in 02 from my mom with a gift of equity of 40,000. 6 months later she filed bankruptcy. she made 0 dollars on the sale. ( i paid off her old mortgage of 55,000 which is all she wanted). Now the bankruptcy court wants to take my home inless i pay off her debt. can they do this

Technorati Tags: bankruptcy court, mom, mortgage

I have a friend that has over 000 in credit card debt.He makes approx/ 000/year.He has conferred with an attorney who has told him he needs to file Chapter 7 bankruptcy.Would it be better to file bankruptcy or charge off the credit cards?Which one would take the shortest timeline to be removed from his credit ?He just can’t continue at the rate he is going now ,trying to pay the minimum payments on his cards and pay other debts as well(mortgage,auto,utilities,etc)He is desperate and needs some insight.

Technorati Tags: chapter 7 bankruptcy, credit card debt, credit cards, debts, insight, minimum payments, mortgage, timeline

When filing Chapter 7 bankruptcy, if you check that you are surrendering your home to the bank, can they come after you for whatever is still owed after the foreclosure and re-sale of your home? Or is any debt associated with that mortgage discharged?

Technorati Tags: chapter 7 bankruptcy, filing chapter 7, filing chapter 7 bankruptcy, foreclosure, mortgage

I purchased a house with an ex, and needless to say things didn’t work out. When I moved out, he convinced me to sign a quit claim deed. I didn’t realize I was giving up all rights to the house without being released from my financial obligations to it. Now the house is in a foreclosure auction. I have no idea what this means for me. My credit was fantastic before all this business began, but now my credit score is plumiting fast! I’ve been told I should file for bankruptcy so that I can have my name removed from the mortgage, but I feel like that would be a bad idea. Is it really my best bet? What effect does this auction have on me? The ex refuses to talk to me at all, so I have no clue what’s going on besides what I can find online regarding the auction.

Technorati Tags: bad idea, bankruptcy, best bet, claim deed, clue, credit score, financial obligations, foreclosure auction, mortgage, what this means

Landlord stopped paying mortgage for like 6 months and stopped foreclosure by filing bankruptcy on the day of the auction, and told us that bout her 3-6 months before she can file file for bankruptcy again, buying more time, CAN WE Leave?

Technorati Tags: auction, filing bankruptcy, foreclosure, landlord, mortgage

Today I found out I lost the house I have had a contract on since last April (2009). I was attempting to buy a house in short sale, the house went into foreclosure and so I have been waiting a long time for the banks/FDIC to get it all together so we could close. Well, Obama signed in a new law (July 2nd, 2009) forcing people who have had their homes foreclosed to return to their homes and in turn forcing the banks to refinance. The alternative for these people is to file bankruptcy (which some have already done, and others have found a solution to just barely stay financially afloat). This may sound like a great solution for all the unfortunate families who have recently lost their homes, but in truth it is a disaster. Who is to say these people can afford or even want to move back?
In my case, the house I was attempting to buy was owned by a family who were over their head with a double mortgage. They were forced to foreclose and have since downsized and purchased a new home. Now with the new law they will be forced to return to their previous home or face bankruptcy. They will have to find a way to sell their current home, which of course is very difficult in today’s economy. The previous owners do not want to return, they can’t afford the move, nor the wait to sell their current home, which they probably won’t even be able to sell in today’s economy.
As for me. I am losing close to ,500 in money spent on contracts etc. I of course have no rights and will not be able to recoup my losses.
Thousands of foreclosed homeowners are dealing with similar situations. For some this may be a blessing if they are still searching for a new living situation. Of course this doesn’t teach any lessons other than to live beyond your means and don’t worry about the consequences because the government will bail you out. Be financially responsible and get screwed. For others they are facing difficult decisions deciding what to do with their new lives and the homes they are being forced to return to. Then for all the buyers, who have been in contract to buy these foreclosed homes and begin to repair the hole in the housing industry. Well they are all SOL and out a lot of money, like me. Believe me, with my meager salary that is cut in half by taxes, ,500 is SUBSTANTIAL!!!
So I ask you, where are our freedoms going and why do we just let the government take them? How does this stimulate an economy? All I can foresee is a rise in bankruptcy and a lot of people losing money.
Of course there are tons of other issues we can discuss that provide similar examples our diminishing freedoms, and the socialization of our country. Such as, when 80% of the general population is happy with the health care system yet government chooses to change it, control it, and force their plan down our throats.
How can anyone be happy with Obama?

Technorati Tags: bankruptcy, banks, consequences, contracts, difficult decisions, disaster, economy, fdic, foreclosure, great solution, long time, losses, money spent on, mortgage, truth, worry

No job, only -50 per week of misc income, 20k and rising law suit judgments threatening to take my single remaining possession, my home worth only 000. Nearest bankruptcy court is 100 miles south and I have no transportation.
What options are there since I cannot afford a lawyer, legal aid does not handle these cases and no lawyer in my county does pro bono work (contacted all 3 of them listed in the phone book).
To clear up a couple things. My home has no mortgage, although one company is threatening to place a lien on my home since I am unable to pay the judgment.
In terms of a job I would love to have one if someone can hire me with no transportation. Most jobs require reliable transportation which is the #1 reason I get turned down. I have been making oney from home and attempting to start a business but that requires money I do not have but I am able to get small jobs doing general labor but this usually gets me less then per week and in winter months are very difficult to acquire.
I manage to do ok now but all the law suits re from my business which failed in th worst way back in 2007. I am still trying to recover from this but the current economy works somewhat against me with no job history.
Of course the main point I need to answer is how can I file with no form of transportation to the court and no money to pay filign fees. Can I protect my assets from lien being applied?

Technorati Tags: 20k, assets, bankruptcy court, economy, job, jobs, judgment, judgments, law suit, law suits, lawyer, legal aid, money, mortgage, oney, phone book, possession, pro bono work

my mom has over ,000 in debt. she’s maxed out in ALL of her credit cards. she just today got fired from a job she’s had for over 27 years and she is 47 years of age. I was wondering if she should file for bankruptcy since we don’t know when she will have a job. she has a mortgage in her name …but my dad is the one who pays ALL of it and that is taken care of…….. they separated but are not divorced. she rents a room with my sister. we cannot help her with the payments on her credit cards and why should we?! because we are having difficulties ourselves with unemploymen, but I’m pretty sure having a place for her to stay at will be NO problem ..it’s just that we cannot help her with credit card payments. what will be the smartest move? and what kind of bankruptcy can she file without it affecting my dad or the mortgage
my mom has 10 siblings that can take care of her from now on, including myself. we’re young and we can give her a roof , and also, since my dad is taking care of the mortgage, there will be no problem. i just don’t want her to worry about making those damn payments on credit cards
I’m sorry not siblings, I mean relatives, including kids, brothers, etc
old bitty, why shouldn’t she file bankruptcy? will that hurt the house my dad is paying for, which is under both their names. will that hurt her chances of retiring?
even with those funds, she couldn’t possibly pay the minimum on ALL her cards

Technorati Tags: bankruptcy, credit card payments, credit cards, dad, job, mom, mortgage, relatives, siblings

if you don’t have income to keep paying on the mortgage?

How can you avoid losing your property (house) when filing?

Technorati Tags: mortgage

I own a house with my parents all 3 on the mortgage, they live there and they pay the mortgage. I have unsecured credit card debt(ex-boyfriend is responsible but I can take no legal action against him because his name is only on one of the cards) and want to file Chapter 7. These cc’s have not been paid on since Nov 05, I have not had the 1000+ to file. How can my parents be affected in all of this? We are in NV

Technorati Tags: cards, chapter 7, credit card debt, mortgage, parents, unsecured credit card

I am 24 and i just got a 50k hostiple bill that went to collections i am never going to be able to pay it off– i had no insurance and i made like 20dollere more a month so i did not qualify for medical assistance—

after asking this q 2 hrs ago this is what i would try to get rid of
a 50k hostiple bill
a cell phone bill
a bank for a bad check when i was like 16
and a public defender bill when i was like 17
no current credit lines no mortgage no loans no auto payment
300 doller credit card bill
should i file–yes cuz the hostiple bill is HUGE!
can i file this my self if so how hard would it be/

thanks

Technorati Tags: cell phone bill, collections, credit card bill, doller, insurance, loans, medical assistance, mortgage, public defender

I can no longer afford my home. I have contacted my lender & HUD. I do not qualify for any programs. I am 3 months behind on my mortgage now, and I am planning to file for bankruptcy. Should I rent before I file bankruptcy or should I wait until I am kicked out of my home? I am afraid that if I wait I will have a hard time getting into a rental, and I am also afraid that if I jump into a rental that would look really bad when I file for Chapter 13. Either way I am not able to afford this house, and need to move. Any advise?
I have some pets that I am not willing to surrender and found a rental property that the property manager is willing to work with me, and accept my pets, and it is affordable. I also have two small children, and don’t want to take the chance of being homeless. If I stay in this home until I get kicked out I would be saving money, but I will need all that money just to secure a new rental, so that really wouldn’t be to an advantage. I have looked into short selling my home too, but that is not possible at this point. Does it look bad if you are in a rental when you file?

Technorati Tags: amp, bankruptcy, chapter 13, hard time, hud, mortgage, pets, property manager, rental property, saving money

This may be a dirtball question, but here goes; we are filing for ch. 7 because of excessive debt and cannot afford the expenses of our present home. We are current on our mortgage and our bills as of today, but in no way can keep it up (borrowing from Peter to pay Paul basically), we will need to find alternative housing(renting) and incur moving expenses and have no savings or cash on hand to do so, my question is, is it so horrible to stop paying crediters and our mortgage and just let it all go if we are going into ch. 7 anyway? And use the monies saved to pay for moving and renting expenses ?Our home has no equity and we are well aware that our credit will be devastated for a 10 year period. Sadly, we really do need to start from scratch or a clear plate due to poor judgement and unforseen circumstances. We are hiring a lawyer for the filing process, but have many unanswered questions that we are a bit embarressed to ask him, such as the one above. Thank you for your insight.

Technorati Tags: alternative housing, ch 7, excessive debt, insight, lawyer, monies, mortgage, moving expenses, poor judgement, scratch, unanswered questions, unforseen circumstances

I am considering filing for chapter 7 bankruptcy. I qualify based on the means test, but I purchased an investment property with a business partner 2 years ago. there is no mortgage on the property and it’s only worth about 40k. How would a trustee normally handle this property since there is another owner who is not filing for bk and is not my spouse? does that make that property exempt?

Technorati Tags: bk, business partner, chapter 7 bankruptcy, investment property, means test, mortgage, trustee

H.R. 1106 has a clause allowing one to put their primary residence into a bankruptcy, therefore lowering the monthly payment to an affordable one. At this time the wealthy can put a vacation home, boat and airplane into a bankruptcy.
I am 71 years old diabetic with congestive heart failure. I have lived in my home for 36 years. 10 years ago I went to my bank asking for a business loan. The banker suggested I take the equity out of my home and and change my loan to an adjustable loan. For the first 3 years it was fine. However my business failed and I’m on social insecurity. I have emptied my savings, sold my furniture and jewelry to pay the ever increasing mortgage. My monthly income is 3.00 a month and my mortgage now is 23.00 per month. If I cannot get help from the courts, my only other alternative is suicide.
To the best of my knowledge H.R. 1106 was passed by the senate and sent to the congress last week and is stil sitting there.

Technorati Tags: 10 years, 3 years, adjustable loan, airplane, bankruptcy, business loan, congestive heart failure, congress, furniture, heart failure, home boat, jewelry, mortgage, senate, social insecurity, suicide, vacation home