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Everything posted by gravelgirl66

  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.
  16. Hello, I am hoping someone can explain some things... I am trying to get a USDA Guarnteed Loan. I am set to pay off all CC debt (very high) late Jan. I am hoping this will bump my score the 40 points I am short... I will meet the ratio's after that. Also I meet the income guidelines. However, I am married, and wish to appy alone, as my husband had a BK less than 2 years out, prior to marriage. My income of 51K should support the loan, as I am looking to borrow 90-100K. Soo, do you think paying off all my revolving debt will give me the 40 points mid score? Also, I have 2 auto repo's that are 3,4yrs old respectively. Other than that and a 6 year olD BK, everything else is clean. Also, If I am approved through USDA, then do I have to go find a lender, or do they find one - how does that work? And finally, I know I know, cart before the horse, a house I really LOVE, is a "short sale" - does that mean I can't use the USDA bc I hear that it takes forever to buy this type of home? Does it mean I can't use "seller concessions" towards closing since the bank "almost" owns it? Thanks in advance for all your help
  17. Hello, hope you all can help... I have a car that I want to trade in and buy another. However, the car is in my name alone, and my husband wants to be the borrower on the new name alone. Can we use my car as a trade, on a loan thats in his name only? Do I have to give POA to him to "sell" my car? I carry TWO car notes on my credit now, and we need a new vehicle, so we wanted to use mine and put the new "note" under him alone. Is this possbile? can a dealer do this? Thanks so much in advance
  18. I was a Pro Se Filer, therefore no Atty. - and I called legal aid, they didn't act like they cared... so I have been scouring the internet looking for a Motion of Contempt for BK form for the Middle District of FL. The website only has for new filers, or I can only find for Motions for Divorces/childsupport. Any other ideas? Or where I may look? I called the actual courthouse, and they line is always "busy" - so no luck there.
  19. The BK7 no Asset was discharged in Sept 2010. The creditor was listed in the Schedules and recieved notice. This year MAY 2011, the OC keeps selling the debt to debt collections (diffrent ones) and then a new collection appears on our report with a balance. In which, I call the debt collector give them the BK info, and 3 months later, the balance is zero again. Then a couple months later, the debt gets "sold" again, and another collection agency shows up on the credit report with the amount, and again I call this new one and give the BK info. Isn't this some violation? How can the OC sell a debt that was discharged in Sept. 2010? Can I do anything? I have already called the OC, and there records show no balance, but say they can sell it as many times as they like? This seems wrong, bc I get new Collection Agencies on my report like every other month, then the balance is fixed, but they never remove it... To me, they shouldn't be there to begin with, if a debt was discharged while the OC had it. help please...
  20. My bf and I both agree with you. And we are hoping to get his mother to come around to our way of thinking. I think the best bet at this point is to let the trustee have it, and see what happens..either A) he sells, and maybe some money will come back .. or it doesnt sell and it is abadoned.. in which case his mom gets it back again... I guess my last question is, If no response is filed to the court, and you dont show up, the trustee wins right and the transfer is undone, -- then will it "automatically" go to the trustee or is something have to be signed by boyfriend since it was in his name - or is it the second the transfer is undone, then the BK estate owns it.. Also, "if" the trustee has it, does that make them liable for any future property tax or ? thank you again!
  21. You have both been very helpful.Thankyou! I looked at the letter my bf mom got tonite. Basically it is everything you said. He is trying to undue the transfer of the property, and also stating by my bf signing over the land to his mom, he showed her preferential treatment. So at this point the letter says if you dont file a motion to respond, they basically win by default and the trustee will get the land... which personally i think the trustee will win anyways. So my bf and I think the best solution is to let the trustee take it.. however this is NOT going over very well with his mother. The BK was already discharged and the only claim that was file last year (deadline was Oct. 2010) was for 500 dollars. I didnt think any other creditors could come up since they didnt file in the deadline.. is that right? Also to soften the blow some to his mom, if the trustee does get the property and it goes to auction, and he gets a cut, and the creditor gets there money, what happens if there is money left over? I mean the property is in a bad neighborhood, and prior was for sale for many years, with noone even wanting it.. so what happens if it goes to auction and doesnt sell? then what? and can you explain more about this quit claim thing? To avoid the cost of going to court, and i would assume his mom be reliable for fees , would we contact the trustee and say we would like to do a quit claim? thanks in advance for all your help!!!
  22. Ok I get that.. they will take the property back from her right? Ok then what happens if they take it back and it cant be sold.. i mean is it sent to auction or something? This is a piece of property, so if the trustee cant sell it, will the case hang open forever or ? If they seize also, and it manages to be sold, if the claim is only 500, then what happens to the rest of the money? And why did his mom get a threating letter and not him? I mean they both are going to go to that hearing, but since the trustee is trying to "dis-allow" the claim, will they even talk or be asked to speak or ? I mean why wouldn't the trustee just say "ok, and I am gonna sell it, and then u get some" I am confused... thanks for your help!
  23. Hope you can help... here is the background.. Boyfriend filed Ch7 no assest May 2010. recieved letter from trustee regarding a land transfer he made Dec. 2009. (his parents divorced nasty) he owed his mom 7k. his dad had a "lot" that he had been saving for him, and knew that his mom was riding his butt about the money, and said i will give u the lot to pay your mom. he signed over propterty to my boyfriend who then signed it over to his mom. all in the same day. -- ok bk trustee found this transaction (i had no idea or i would have listed this) and said they wanted the details of this - so he sent notarized letters from each parent, his own accounting of this and the property deed notarizied showing all this done in one day, that he meant nothing fradulent blah blah blah.. etc... Never heard anything more.. he recieved discharge of debts sept. 2010. Now we recieve letter him and his mom, saying a claim for $500 was filed by a creditior, and the trustee is disallowing the claim, for various reason, including he has not distributed the property...etc.. and a court date was set for March 2011. His mom's letter said something about they are suing her for "perferental treatment or something"? At this point, he or she doesnt even care if they tried to seize the property, as it is probably not even work 5K and prior to his dad giving it to him, it had been for sale for 5 years and no one even wanted it.. But we are at loss at to what we are supposed to do? is he in trouble or ? he filed pro se, as he couldnt afford a lawyer either, so what do we do now? The letter he got looks totally difrrent from his moms..his saying i am disallowing the creditor, her looks like the trustee is trying to sue her? WTF ??? ps we still cant afford an attorney so that option is out..
  24. Hi, Hope you all can help.. I am looking to purchase my first home. I have looked at a nice 4/2 house fro 69K. Here's my problem. The purchase has to be in my name only, as my hub had a bk7 less than 6 months ago. I was lookin towards FHA. However, my utilizaion is high on my cards. I owe a total of 5K. which we were plannin on paying ALL of them off with tax refund. My eq. score is 540 right now, and I am sure the others aren't much higher. I had a BK7 in 2005. I have fixed everything that can possibly be fixed. I doubt any lender would loan bc of the loan score, however, if we pay off everything then we would have NO money for down payment. The job/income is all fine been with my employer 8 years makeing roughly 50K. I dont have the 1 years worth of rental statements due to moving twice (closer to hub job) although at two diffrent residences always paid on time and do have payments through BOA showing that, just diffrent houses. so should i *try* to get approved - is there anyone who would that low? Or pay off everything and hope next year the home prices are still good ? thanks !!
  25. Hope you all can help...I have all 3 of my reports, as I regurlarly check them, and dispute info... However, there isn't much left as everything from the big 3 is now correct. Yet, I went out to Myfico. to get my score from Equifax, and they have information on my credit report thats not even on my equifax report straight from them.. How can i dispute something when equifax doesnt even show the error. There are only 2 address also showing yet, myfico has like 6.. WTH? Myfico has a collection report that equifax doesnt and I ran them both on the same day, just in case... Can you dispute with myfico or ? what do i do? thanks in advance...
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