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  1. Hello All, I have made some extremely stupid decisions this past 2-3 years and it has left me in a huge hole that looks impossible to get out of and I am looking for advice or any suggestions on what to do. I have been a gambling addict for the past 2-3 years and as of 2 weeks ago have finally confessed to this and I am now seeking help and have been free for 18 days now, this is my current financial situation: Creditor Name Payment Due Date Original Loan Amount Current Balance Monthly Payment Percentage of Debt
  2. Hello, I filed Chapter 7 but I filed the Schedules on November 18, 2019, the Monday after an Order Dismissing case was entered on November 14, 2019. The Order states, "The case is dismissed without prejudice and without a discharge effective on the 15th day from entry of this Order." I have to file a motion to vacate or for reconsideration of the Order within 14 days. It is now the 19th and just today, I received the notice in the mail. On Sunday 17th, I accessed PACER and I saw it on the docket as an entry but could not retrieve the notice to read it. Upon seeing this on PACER, I e
  3. Following a Chapter 7 Bankruptcy, Select Loan Servicing added $40k unpaid interest to what they said we owe on a 2nd mortgage. We did not sign a reaffirmation agreement for the 2nd mortgage like we did for the first. The gap is that the 2nd mortgagee cannot come after us personally, they can only come after the property, and the first mortgage has first position. What negotiating tool do we have for pressuring 2nd to reduce the balance due to something manageable? We can wrap the 2nd mortgage into a re-fi and at $39k or less, it's worth it to do that. But at $79k in loan and interest,
  4. Hi I am crazed by a bank that financed a motorcycle for me in 2008. In 1/2009 because of the mortgage crisis I lost my job (self employed) and lost 15k of monies due me by title and closing companies. I was a notary signing agent and I was devastated. My wife lost a lot of hours at her job and we were forced to file chapter 7 which was discharged 8/2009. This bank M+B Financial in PA has reported this discharged debt erroneously repeatedly since the discharge. I was never late with the debt before we filed chapter 7. It was paid on time until the filing date. I have disputed with all the
  5. I filed BK chapter 7 as pro se and had my Meeting with Creditors today. Trustee told me that I might be able to claim a refund of wages garnished 90 days prior to the filing. Anyone know how to go about this? Do I just ask the garnishor for the money or do I have to sue?
  6. I filed chapter 7 pro se and went to the meeting of creditors last week. It went smoothly. Then, I had to go to a hearing about two items: 1) my request to have the filing fee waived (judge ordered me to pay 100 in 4 installments, so that's not too bad at all!) 2) approval of a reaffirmation agreement between myself and a finance company who had made a small loan to me with my 2002 accord as collateral. So, that's where my question comes in. The creditor was fine reaffirming. They took my principal + interest (VERY high interest rate) and rolled it into the new principal and called it a 0
  7. Hello, I am new here but I see that there are lots of very active and knowledgable users here so I thought I'd seek some friendly advice. I am trying to help out my 80+ year old grandparents that have gotten themselves in some seriously unmanageable debt while trying to help another family member's difficult financial situation. Bless their hearts, but shame on them for digging themselves in a financial hole. They have a total of about $31k in credit card debts in 22 accounts.They have no real assets - not homeowners (rent), no business or properties, only have a pretty old car.Their only
  8. My chapter 7 discharge was completed 7 years ago. I moved out of country and recently returned to find years of delinquencies from a discharged debt on my credit report, so I my credit is shot! How do I get this off my credit so I can build up my credit again? I can't even get a credit card or a place to live. This is the only negative mark on my credit but it is hurting me severely.
  9. A few suggestions I will offer up to those trying to keep their costs down without compromising quality of your bankruptcy process. 1. Get an attorney that is a member of NACBA, the National Association of Consumer Bankruptcy Attorneys. BK mills usually are not members of this association. NACBA members usually are more up to date on current case decisions than non-members and have access to a mentoring network of long-time practicing BK attorneys for additional opinions. 2. Be organized. Most people face a $2400 lawyer bill not because handling a BK case is that much more difficult than
  10. It looks like a property that has been surrendered in a chapter 7 bankruptcy in Florida still will have to go through the foreclosure process for the lender to get the Deed. Does that mean that the mortgage lender, in the foreclosure process, can retain the right to do a Deficiency Judgment and come after the mortgage holder after some years and ask for the unpaid mortgage amount, as they can in a foreclosure? Does that mean that the mortgage lender, in the foreclosure process, leave a foreclosure notice on the credit reports or will only the bankruptcy show up? Will requesting the mortgage le
  11. My understanding is that System1 set of exemptions is really good in protecting the home equity (it protects up to $75,000), but it doesn't do that good of a job of protecting my car and personal property (i.e. no wildcard exemption, no $650 dollars per each item allowed, etc.). System 2 seems like it will let me protect pretty much all of my personal property (especially with that new generous $4,800 vehicle exemption), but the homestead exemption for the system 2 is only around 23K if I am not mistaken, which may be a risky deal, considering how much the house prices have been going up in Ca
  12. I have a (somewhat) curiosity question concerning the homestead exemption in Chapter 7 bankruptcy in Pennsylvania. I have a home with no equity, but I have a lot of credit card debts and am considering filing Chapter 7. If I have an addition constructed on my home (Increasing the home value by say $25,000) and pay for it by credit card - and then wait 6-12 months before filing Chapter 7, can I claim the $25,000 as Homestead Exemption and discharge the debt even though that $25,000 is part of the debt to be discharged? Does anyone know of a statutory reason I couldn't do this? Are bankruptc
  13. In completing the Chapter 7 Means Test in Pennsylvania, can anyone shed light on the Mortgage Debt Payment (Subpart C of Means Test) if a home is CO-OWNED with a non-spouse? Specifically, myself and the co-owner are planning to file bankruptcy (one at a time). If I file first, can I state that I pay 100% of the mortgage in Subpart C of the Means Test? This would make passing the means test possible. Also, assuming my bankruptcy is granted, can the co-owner THEN file using the same 100% mortgage payment in his Subpart C?
  14. Hi all, so i will be filing chapter 7 bankruptcy myself soon and had a question as i was looking at the papers i need to fill out. On the schedules where i list my creditors do i list original creditors that have charged off my account ( as shown on my credit report) AND the collections agencies? Or just the collections agency? i will be printing out all of the papers needed tomorrow hopefully so im sure i will have more questions, any hints would be apreciated oh also i have no clue where my last tax return is so...any ideas how to get a copy. this is in so cal
  15. will going BK in chapter 7 affect my self employed health insurance? can they cancel me, or deny me or or raise the rates becuase I went BK? or the Fico got lowered? It already went up 39.4% this calender year, can they kick me out or jack it up more because of BK? All constructive comments, ideas, links most welcome...: )
  16. Vehicle loan and credit card discharged in a Chapter 7. Both held by the same credit union. Client then attempted to make payment in the amount that cleared the lien on the vehicle. Credit union will not turn over title until the credit card balance is paid, claiming the amount of the lien on the vehicle was equal to total of vehicle loan + credit card balance. This came up right after case closure. Client was unaware of cross collateralization clause in these loanliner documents, but they're likely there. Credit union is now calling client trying to collect, which is about the dumbest
  17. I'm single, 26, and have nothing in my name. I just graduated and will start making money soon, I live with my parents, and like I said I have nothing in my name. You can say about 5-6 years ago, I started screwing up with credit cards and racked up about 40,000 dollars in credit card debit, with over 9-11 accounts, I lost count. About 3 years ago, I stopped paying on all accounts, and they are all charged-off. Of course, three years later, now I am starting to get judgements and lawsuits, and honestly, I don't know how I can take care of 40,000 dollars in debt, let alone work something out
  18. I filed for chapter 7 and then sold a tv that belonged to mt girlfriend at a pawn show where they put me in a police database. Will my trustee find out?
  19. So I am a little confused how to handle my car when filing Chapter 7. The car is through a loan with a bank and my parents name is on the loan. I pay my parents the car payment every month. I know cars are typically secured debts for an ongoing service so they are usually exempt but is this the case since the car isn't in my name? Will this be treated as a preferential treatment?
  20. Hi, I was divorced on July 9 2010, before the divorce was final my ex took property from my pole barn, welder,trailers,toolbox I called police and had a report on the missing items, the police called her and she said she took them when going through the divorce I did not push the fact and sorta let her have them. now I am going through bankruptcy chapter 13 and my ex is going through chapter 7, my lawyer who I fired around july 20th 2010 is trying to get my bankruptcy canceled. the question is can he go after my ex for contempt for selling the items while the divorce was ongoing? I do not wan
  21. Hello, Due to excessive medical bills (which were ongoing ,partially due to a disabled child), my husbands wages were garnished and we couldn't afford to pay our rent and utilities. We were just barely making it before then because I lost my job due to medical issues. After the garnishment started, we consulted with a bk attorney, only to find that we couldn't afford the fees. The garnishment stopped after a few months and I shopped around for new cell service. On about 6/25 AT&T approved us. The first bill arrived and I planned to pay it with husbands paycheck... then it was garnished
  22. Our first meeting with a local bankruptcy attorney went very much like the SNL skit about the subliminal advertisements. Which was surprising since we walked into and started off with a typed list of income, expenses, assets and liabilities, and showed right off the bat that we were below the means test. But after some reading around here and other places, especially when I started looking for "Why would an attorney push a chapter 13", it came to look like a potential fee windfall over a simple Chapter 7 filing. We did some more research, had another meeting, and found a new attorney we liked
  23. I am current in the process of filing chapter 7 in NY. In the petition form, I need to submit the full account number of each creditor accounts that I want to discharge. I got a copy of my credit report but the last 4 digits of each account are omitted, so the only way I can get them is to call each credit card company and JDB and collection agencies. I had luck with credit card companies, but the JDB/CA's refused to provide me with the info (surprise surprise..) Is there any way I can force them to comply? I really need the full account numbers otherwise I won't be able to discharge my debts
  24. I live in Michigan, Discover Bank hired Weltman, Weinberg & Reis to sue me for 2100.00 credit card debt. They were successful and a judgement was entered against me. The law firm has my financials, knows I am essentially uncollectable as I have no assets except my house and a disability income of 874.00 a month. I owe 53,000.00 on mortgage and my last SEV was 23,000.00. They have sent a subpoena/summons to my mortgage company for any records and information on my account. I received a letter from them saying I would have to provide a court order to stop it. I co-own the house with a
  25. I recently filed Chapter 7 bankruptcy (4/2012) and have already had the meeting of the creditors (6/1/2012) The bankruptcy has not yet been discharged. Included in the bankruptcy was a furniture store loan. This past week, the furniture loan company called my job asking to speak to me. When I answered, the man stated they knew about the meeting of creditors meeting and did I receive the reaffirmation letter in the mail. I stated no and that I do not plan on signing any reaffirmation letter. He asked "well do you want us to come get the furniture?" That is when I hung up. After looking at my o