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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
  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!
  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
  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? he
  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
  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 cas
  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 dispu
  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... Thi
  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..
  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 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
  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 tri
  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 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 suppress
  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
  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
  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 na
  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
  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
  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
  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
  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