Chapter 13

[anglbg851]

What is the name of your state? TN
I have a question regarding Chapter 13. I recently filed, and have my court date in a couple of weeks. Had my meeting with me attorney yesterday and it left me a little worried. He is stating because I have filed in the past, Chapter 13 2 times, with one being converted to a 7, which was discharged a year ago, and am nor re-filing, he believes the trustee will object vvery strongly. I did not intentionally get myself in debt again--trust me tried very ahrd to avoid. And to be honest, the biggest reason I did was because of a couple of payday loans done over the internet who refused to take anything less than 4 times the amount of the loan. One company loaned $300, collection agency wants $1,200. And with threats of jail and fraud and garnishments, along with a coupld of other late bills, I had no choice but to re-file. Yet he is telling me we will just have to take my chances as the trustee will probably object very loudly. I am a single mother, only bring home about $250 per week, have no child support, no other income, so was wondering what I could expect when I go. What are the odds of the trustee objecting, and if so, what happens then? I am re-paying this at 100% my choice, and have a car that my son drives I am paying for, but want to keep it outside the plan as it is something new called-rent-to own. Not a lease, nor financed. To which they have very imphatically stated it cannot be included and if it is, then they we reposse the car immediately. Please help.

I forgot to add--without the car, all I am filing on the 13 is app $3,500 debt.
Thanks in advance.

 

[Ladynred]

This is the THIRD time you're filing for bankruptcy and the last one was only discharged a YEAR ago ?? You ARE looking at a possible fight, serial filings are being more closely examined and you obviously have not learned how NOT to live beyond your means because here you are again. Its pretty sad to file AGAIN over a lousy $3500 worth of debt. The payday loan people can NOT have you put into jail, the worst they could do is sue you and try to garnish your wages and at your income level you could probably even defeat a garnishment. At the very least, you could ask the court to allow you to make payments in lieu of garnishment. That is an option we have here in TN.

As for the rent-to-own people telling you you can't include the car in a bankruptcy, they're full of crap. They cannot stop you, and once you file for bankruptcy, the ONLY way they can take anything from anybody is to file for a relief from the automatic stay.. which they may do of course. Rent-to-own a car ?? If its anything like the horrendously BAD deals for a rent-to-own tv, then you're going to be paying thru the nose for it anyway.

 

[anglbg851]

Unfortunately, that is the only way I could get a car, based on my income and credit history. Even buy here pay here wanted a huge down payment, including a co-signer. As for finding a way to live within my means, no, not when you get slapped with a $1200 bill for a $300 loan. I am not here because I want to be-- I am here because I was backed into a corner. No other reason. Yes, I am aware I might get a fight which is why I was asking for advice. So my options are what--go ahead with the hearing and expect a fight or what? Ask for this to be dismissed and then just deal with the people myself? Would that be better than going to court and having the trustee object and refuse the case?

Oh, and as for still not living within my means? I bring home app $1,000 a month. No child support in about 5 years. I have rent, utilities, food, gas for car, which is a must--car payment, car insurance, which with a teenager and my credit runs me about $550 a month. Seems to me living within my means is a little hard to do.

I ask again, is it better to go take my chaces at court, or to go ahead and have the case dismissed before court date and just deal one on one with the creditors?

 

[Ladynred]

Unfortunately, payday loan places charge 400% interest, or more by the time you figure it all in. Its a total rip-off, worse than 'the mob' interest rates.

I wouldn't drop the Ch 13 just yet, but do be prepared if the Trustee gives you a hard time and tries to dismiss your case.

You can't negotiate with payday loan places, they are nothing but thugs. But you do have a few options. If you can make payments thru the court rather than let them garnish your paycheck, which in your case would be a hardship. You'd lose less, but you cannot be late or default on a court payment, or a garnishment order will go through.

I don't know how old your teenager is, but if it was costing me THAT much a month for car insurance to have the teen on it, I'd drop the teen from the policy. I know that sounds harsh, but what's the priority here ?? Feeding and supporting your family-- or his/her driving priveledges ?

 

[anglbg851]

Trust me, if I could drop him, I would. However, he was automatically listed when he turned 16 as he lives in the same house as me. Nothing I can do about that. And as he is just 16, for him to be on a policy by himself is 3 times as much as I am paying now. Pritority? My family is first: if the insurance was negotiable then I would drop it. But I can't.

 

[Barto]

I hope it's appropriate for me to jump in...

But, doesn't anglbg851 make too little for her salary to be garnished?

 

[anglbg851]

Please jump in. I am not nor was I aware of the fact that you had to make a certain amount before your check can get garnished. Perhaps if I had, then I might not have jumed so quickly to file BK. At that point, I was only trying to protect myself from the threats being made against me of jail time for fraud and theft. Even an attorney I spoke to has said even with the bankruptcy, crimiinal charges can still be filed.

 

[Advice Needed]

Ladynred Need your help again

What is the name of your state? Florida, but the foreclosure took place in California

I received a letter from a 2nd mortgage I had on a house back in 1995 that was foreclosed on. They stated I owed 52,000 or would incur legal costs if they had to pursue me paying this debt. When I called to find out what the heck this was all about, she said the foreclosure did not cover the balance of the 2nd mortgage. I then replied it took you 10 years to figure that out? Obviously she was not to happy with that comment. Said I could make payment arrangements or they will pursue this legally. Here is the kicker, on my credit it says paid satisfactorily and closed in 1995 and they have never contacted me about this until just recently. I seem to recall the debt being 25,000.00 originally and do not remember this particular mortgage company holding it. I advised the woman that I was aware of a staute of limitations and would consult an attorney. The one I tried to contact never called me back, so here I am. Needing advice..what do I do next? Can they do this?
HELP! The only choice I have right now was from a credit repair person that needs 500.00 up front to work on this debt.