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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16132
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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hello,i filed for bk 9-9-10. i am not confirmed yet, i am

Resolved Question:

hello, i filed for bk 9-9-10. i am not confirmed yet, i am thinking i just can't live on the amount left for me after payments are taken out. i am contemplating, before my hearing on 1-25) to stop proceeding of my bk. i have a couple questions. 1. i have nearly 3500 in trust for this. will i get this back and how quickly and what will be taken out for fees? 2. i did not want to file except i was extremely behind in mortgage payments and i couldn't make the up the arrears and was close to forclosure. I think i could deal with the other expenses expecially since i have this amount of money saved i might get back (if any). and also a tax check i wouldn't have to give up now in febr. how do i go about all of this and what do i excpect? how long before automatic stay is lifted and creditors get wind of this? debra
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 3 years ago.
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

did you file a chapter 13, and made payments to the trustee? What would you do with the home?
Customer: replied 3 years ago.

yes i'm sorry, chapter 13 and payments to trustee. i'm hoping since the loan sold

from chase to another company i might get them to work with me with a modication.

chase screwed me around so bad for 16 months. starting a modification, then it goes from one rep to another. assuring me i was qualified. then paperwork lost TWICE,

told to wait. then when it was found. was put through three suppoded tries to modify with different plans out there and for some reason now all three rejected. nobody can tell me why and meantime was also told not to make payments. and i had the name of the gal

and her number and she suddently doesn't work there anymore! but yet these calls

are suppose to be recorded.... you'd think if chase hadn't had me messed up after 16 months obviously a person would have lost their house by then. so that should be a good indication something wasn't right. but nonetheless after getting so far behind they wouldn't work with me. and threatened foreclosure so i filed. then all of a sudden after

i file i get paperwork they sold me to another company.. the trustee left me with 419 dollars biweekly to live on. 5 years of this scares me to death. i can't pay bills with this. they take 550 every two weeks!

Expert:  WALLSTREETESQ replied 3 years ago.
if you file a motion to withdraw your chapter 13 the payments you have sent to the trustee will be given back to you. Also, it will take 1-2 months before the case is dismissed and then 1-3 months after that for the bank to begin foreclosure proceedings again.
Customer: replied 3 years ago.

if i have not been confirmed yet do i have to pay any fees that i would owe to

lawyer/trustee?

you are saying it will take anywhere from 1-3 months to get dismissed?

how quickly will creditors be calling me? i was hoping i could take care of alot

of the bills now that i've been having this money put back and having them off my

back a few months i can now afford to deal with alot of it. only problem is the

house and if i can't get the new company to deal, i guess ill loose it. i just know

i can't live on 800 a month for the next five years. and to boot my sons support

stops in march.

Expert:  WALLSTREETESQ replied 3 years ago.
the automatic stay will stay in effect for atleast 3-6 months, as the case has to be discharged and takes several months. In addition, you may want to file a chapter 7 later to get rid of the debts, if you do not want to keep the home.
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16132
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 3 other Bankruptcy Law Specialists are ready to help you

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