gravelgirl66

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About gravelgirl66

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  1. Hi everyone, hope you can help. I am assisting a friend in preparing her to get ready to file Ch.7. This should be a fairly straight forward petition... The only thing we are hung up on, she does has 1 creditor that is a "secured creditor"- she stopped paying all CC, car, hospital bills, everything-- all debts in Dec 2013, but continued to pay this creditor as it is her child's furniture, a refridgerator, and a bed. She stated she needed to keep all these things, so she continued to pay this creditor. How is this handled? Should she try and pay off the creditor as soon as possible and delay the BK? Or re-affirm the debt? She has made it adament that she will not let them "come get" the furniture. Am I am unsure how to proceed? Any advice would be very appreciated.
  2. Hi, hope you can give me some points.. I thought I had this pretty much worked out... Facing Ch7 again after 8 years.. Here is where I am at... Also facing possible separation from spouse... 2 dependents, all payments current... but No way to continue as I was just informed one week ago of separation from employer and was to recieve a 5K severence.. (lay off)- however, I may still have a chance to "roll over" into another position taking a 20K pay cut.. so thats still in the works, but no way to continue this debt load.. I should know about the new job next week.. keeping fingers crossed! If I just "Quit" paying on everything but Student Loan and Badcock and Ge, I could probably get those small CC paid off at tax time.. I need to continue to pay badcock as it has my daughters bed, dresser, etc... and I can't have them "repo" those things..if BK is in the future, will I get "knocked" for paying off the small debts? I am willing to surrender the vehicle in my own name, and my spouse (possible ex spouse) is trying to get the vehicle into his name alone. will these be considered "preferential payments" or whatever? I mean I am ok with also letting Ge cards go to, but I don't want them to think I just opened the recent one to default bc I didn't.. I didn't know all this was gonna go down like this, and that my spouse would get caught cheating.. All accounts in my name alone, except the vehicle jointly shared with spouse... And my Bk would be my name alone (how would that work being married) as he filed and discharged. ch7 bk 3 years ago, prior to our marriage. Any recommendations.. steps to take now would be appreciated! Navy Fed (into them deep) 20K car loan 5K LOC 5K CC Primary Borrow/with husband as co borrower on Navy Fed 23K car loan Bill me Later 1700K Cap One 500 Ge Money Bank 1500K between 3 cards 1 card opened 1 month ago. Student Loan 13K Badcock 1300K medical bills 700 defiancy balance from a prior repo in 2006 10K thanks GG
  3. Well, I NEVER thought I would be here AGAIN... but here I am... Staring down the barrell of a second Ch. 7. I am seriously having a de ja vu moment... My first BK discharged in 2005... Lost everything when I lost my job.. And here I am again, just handed a small (less than 5k) separation package from the job I have had for 7 years.. So I am staring down the barrel of another BK around Feb time frame....It may NOT happen, I may can pull it out, LOADs of debt.. including student loan this time.. so please I don't need to hear how I totally screwed up.. I don't have but only 4 credit cards.. but the balances.. jesus! I thought I was doing so well.. So onto my questions.. I know I am eligible (8 years out) on another. Yet, I filed pro se back then, and they didn't have the "means test" - is this to big a feat to try to file Pro Se again? 2nd.. Three of my accounts are with one creditor.. and I am also the "primary" on my spouse's car note.. He needed my credit to get the vehicle... geez look at me now.. My car note is held with the same Credit Union as my credit card, and a signature loan.. do you think they will try to touch the car if I continue to make payments, and don't "stop" paying that loan as well as my spouse continuing to make payments on his vehicle? 3rd.. Should I go ahead and "close" all the accounts I can Now? Will it make a diffrence in late fees/etc?? I am currently NOT late on any of them.. 4th.. I know there is a "separate step" if you try to get any amount of student loan debt discharged... How involved is this? Lastly.. if i decide to give up my vehicle.. back to the bank.. I would have to "buy" another vehicle.. (buy here pay here) with tax money..my plans are to forgo the bk if it becomes necessary unitl "after" my tax refund.. How do you explain that you just "bought a car" to a trustee? Thanks in advance GG
  4. Hello, My hub and I both have Sub/Unsub student loans, and we are current. I am about to come out of "grace" - he is already in repayment. His loan is about 8K, mine is 14K. Our joint return adjusted was 69800 this past year, and total dep of 5. Everytime I put this info in the IBR calculator it tells me that we are not eligible for IBR?? Everyone tells me how great it is, but we can't use it? My hub payments are 100 per month, and mine show to be 150 per month. Am I missing something? I thought everyone could use IBR? If not do we have any other options to lower our payments? help please?
  5. Hello, Hope you all can help. I have a payday loan from July 2007. I am in FL. I never paid, and have never agreed to pay. Over the years, they used to call my cell all the time. But it tapered off a couple of years ago. Now they have picked up the pace again. I just got a call today from CMG group, and left a voicemail saying that they were "Cheksystems" (lying) bc when I held on the line and questioned them as to who the original creditor was, they kept saying CMG. Which I know who the company was that I used and it wasn't them. Of course all the threating stuff, I am gonna be served etc... and then I was hung up on... Ok.. no big deal.. However, I thought I better go check my credit... and I will be danged if as of Oct. 2012 they placed an open collection on Equifax, stating the balance and "customer was just found". I disputed with Equifax and still waiting the results. Is there anything I can do to get it off? FL says my SOL is 5 years, so I show I passed that last year with this debt. The unfortunate thing I really thought this debt was dead, and was trying to buy a home this August, and now with this hanging back on my credit - ugh! Is there anything I can do? Thanks! GG
  6. I guess I must have missed this part - BK7 PRO SE, discharged 9-2010. All reports and creditors now read zero.-- I just found though on the CLERK of Courts website under "me" - I have a 2009 judgement and subsequent "lien" from a creditor who was IIB. Ok- so I am filing my motion to vacate this judgement correct? Also, (in FL) The plantiff used a _____,____,____ PA. to sue me. So do I serve notice on them, or the OC? Also, can I send via certified mail, or do I have to have them personally served? (personal service). Do I need to put anything other than my debt was discharged case # etc.. and attach final discharge? And on the "Lein" - how can you get a Lein, when I have never nor do I own any real "property" - what are they attaching a Lein to? Something I could own in the future? Any advice helps Thank you!
  7. The statute of limitations for automobile repossession in Florida is five years, according to the state's statutes, chapter 95.11. So it appears I just made it? This Sept. should have been my 5 years. My CR state DOLA OF 9/2007. Date of 1st Deliquency 09/2007. Repo: 08/2007 (J) Voluntary Surrender.
  8. I don't believe I have any out with that situation. I feel Cap One followed the proper routes/steps. I called them, said I was no longer making payments, please come get the vehicle, within 2 weeks they did, I recieved a letter in the mail about the auction and if I wanted to buy it back, etc... Obviously I didn't. Within those next week, I recieved a letter in the mail regarding the price it sold for at auction which was about right... They got 15K for mine. And from that point, they wrote it off and that was that. They haven't called me since, and I haven't called them, other than disputing etc... So what else do you think i could try? Thanks!
  9. hello, Here is my problem. CH7 BK 04 dishcharged. AFTER the BK I had an auto loan that I voluntarily surrended to Cap One. in 2007. Due to age off credit reports in Aug. 2014. The negative balance after the auction was 12K. No judgement, no calls, no nothing from them, except for the credit reports. All 3 show $12K balance. Over the years, I have sent DV, tried disputing as not mine, etc.. ALWAYS comes back. I have never been able to get rid of this. I have had No other negative info since that point. Always on time, and have re-established several auto loans, cc, LOC, etc... This year, I would like to buy my first home. I was trying USDA, or VA. I already have the certificate. However, EVERY lender I have talked to from a broker, to wells fargo, to Navy Federal, won't touch it with a 10 foot pole bc of that "charge-off" without it being settled. -Or showing a "zero" balance. - And they say anyways, with even FHA,or VA, or USDA, i have to settle that debt bc of how much money it is. Something about the creditior placing a "lien" on the new mortage, which I dont see how that could be done since I have already surpassed the SOL. Even *if* they did sue, I could use the SOL as a defence.. so ? that doesnt make sense. **should I "settle" the debt to get this clear to buy a home? I have heard it will start my time again, which of course I don't want. However, so tired of waiting out these 7 years to purchase. If so, how much should I settle? 15%? I assume that the OC still has this, bc I have never recieved a collection call from anyone else, and no other creditior has marked this on my reports. I have to use the VA, OR USDA, bc I have not much of a down payment. - Ideas> Thoughts?
  10. Hmmm, well I dont believe they violated anything by looking at the UCC .. It went down as such: Bought vehicle brand new off lot Dec. 2006. Stopped making payments, July 2006. I called Cap One and voluntairly surrendered vehicle. - They had my address, asked when I would be there, etc... The knocked on my door with the repo papers, I handed over the keys, and they said have a nice day. - 2 weeks later I recieved papers in the mail, the veh. was sold at auction for 13k, with a remaining balance of 12k. (original loan was 25k). Of course they asked for the money for the first couple of years... then all letters and phone calls stopped... I have not been taken to court, and they have not sold the debt or recieved any judgement... Up until this point, I was never in any postition to purchase a home, so I let sleeping dogs lie... However, now I am in the position, and this is my hold-up... ideas??
  11. No it was after the BK... the BK was in 2003...
  12. Hello, Hope you all can give me the best direction to take... I have (1) item left on my credit reports stopping me from purchasing a home. I had a auto loan charge-off/voluntary repo. after a BK7...in Aug. 2007. - The SOL is up next month (5 years) however not due to fall off the reports until Sept 2014. It is a deficiency balance after the repo of 12K. Every mortgage lender I have spoken to says they wont even think about a mortgage loan with that kind of balance... (lein ?) that I must settle the account. This account is still with the original creditor of Cap One...the credit report reads chargeoff/ balance: 12,223K. DOLA: 8-2007; I have disputed, DV, all that, and it still comes back... so what options? Ok- Settle ? then what I will recieve a 1099-c to pay a crap load of taxes? which i can't afford?? i dont make That much money... if i settle what would i even offer? c) will that "restart" my clock as far as falling off, bc I made a payment" ?? - obviously "waiting" until Sept 2014 is the optimal choice, however not one that I want to use... Ideas??
  13. Hello, Can you all explain this to me? My hub and I have built our credit back up. He is two years out on a BK7 with FICO, 689, 693, 687. I am 7 years out BK7 with FICO, 665, 651, 653. We would like to purchase our first home. Neither of us has ever owned. We are looking at USDA, and VA. (we already have the certificate for VA) Our year income together is 70K. Job (me) over 10 years... The only derog I have is from 5 years ago, after the BK7 of a repossesion. My report shows charged off with a balance after the repo of 12K. Our DTI is well below the guidelines, however the one lender we tried with (Navy Federal) denial. They stated that although the scores everything looked good, the "overlay" of my repo was to much $. Unless I had over 10K as a down payment, it was bugger off... Which I don't. I thought that was the benefit of USDA/VA. besides no PMI. Question: If the SOL on that debt is 5 years for them to collect in FL, and I have surpassed the 5 year mark, why will they not overlook the debt, since it can't be collected on anyways? Secondly, if Navy Fed, who is a great lender with everythingelse can't "get it done" then can anyone? Does any lender actaully go by USDA/VA guidelines or do they all have such tough overlays for mortgages? Any help/insight would be greatly appreciated, or a direction to take. Other than waiting another 2 years for that repo to fall off.. Thanks!!
  14. Hello; not sure if this has been answered already; I have spent Years cleaning up my credit. Removed old addresses; bad info, etc....I have my latest reports from the big three. I just applied for a mortgage. (denied) however I asked for the report they had. Their version is sooooo diffrent. Old and sometimes not even correct addresses showed up, some from 10 years ago that I had removed long ago. Old employers, old phone numbers etc....how if this information came back to me as "deleted" do they show up on the mortgage lenders report?.. Is "nothing" truly deleted ? Are the cras just suppressing the info on the reports I get?
  15. hope you can help, - The creditor, LYDIA CLADEK, first went Bankrupt, then got raided by the FBI for a Ponzi Scheme in Jacksonville, FL. They keep reporting to the burueas, as "verified." - However, the phone is shut-off, all letters come back returned to sender, - how do I dispute this? Equifax isn't helping. I just don't know what to do at this point. The creditor, has been found guilty and is facing prison. How do I get my credit file fixed for this? Any help would be appreicated.