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Recent Arrearages questions

As advised, we filed my wife's chapter 13 on May 1st. I now

Hi Rich:As advised, we filed my wife's chapter 13 on May 1st. I now need to continue with the rest of the filing and have the following questions:1. What other forms do I need to file within the 14-day deadline, which is this Monday?2. Is there any form in particular to file the so called Chapter 13 Plan?3. I have an arrearage of about $50,000 on my mortgage. This is the reason why my house was on foreclosure, should I include this amount in our chapter 13 payment plan to be repaid over the 5-year period?4. In respect of credit counseling requirements, what do we need to do? As I understand, we need to file a Certificate of Credit Counseling. If that's the case, when do we need to file it?5. Is it required to file a Debt Repayment Plan along with the Certificate of Credit Counseling?6. Is there any form that we need to use to file the Debt Repayment Plan?7. What other filing requirements do we need to meet?I also have some other questions:1. As I mentioned in our last chat, I have a Chapter 7 case in progress, is it possible to drop that case and be included in my wife's Chapter 13 case as debtor #2? Or do I need to convert my chapter 7 into chapter 13 first and then consolidate my new chapter 13 case into my wife's chapter 13? You also mentioned the option of letting my chapter 7 go and make on the arrears repayment in her chapter 13. This looks like a less complicated option. Isn't it?2. Do I need my attorney to convert my chapter 7 into chapter 13 or can I do it myself? It's just that I am thinking about firing my attorney as I can't afford his legal fees, which are a little bit high. I need your advice on the best way to handle this.3. My wife does not like the idea of being in Court. It's something she would like to avoid. Can I represent her in Court with a power of attorney or something like that?Thanks.

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DrakeLAW

Juris Doctorate

1,470 satisfied customers
I have recently secured two mortgage modifications on my

I have recently secured two mortgage modifications on my homes -one a homestead and the other a second home that were renting out .Now I am about to file a BK13 before my first payment in June for both homes do I submit the modifications in the BK as they are stated to pay ? I do not want to have to pay the arrearage and the new bank note at the same time which is not affordable to say the least.Carlos

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DrakeLAW

Juris Doctorate

1,470 satisfied customers
I am currently resident of Florida and reside in an

I am currently resident of Florida and reside in an apartment. Due to job loss several months ago I was late with my rent. I attempted many times to work arrangements out with my property management company however they have filed an eviction. I have recently found a new job and can afford the rent going forward. If I file Chapter 13 am I able to back the rental arrears in the payment plan? if so will that stop the eviction process?

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Roger

Litigation Attorney

Doctoral Degree

35,168 satisfied customers
I am in the appeals court and my case was dismissed mainly

I am in the appeals court and my case was dismissed mainly because i could not afford to pay the arrearages for the mortgage.I appealed the lift of automatic stay and my objection to their proof of claim that was over ruled. Now the opposition has informed the appeals judge that my case was dismissed and now the appeal is constitutionally moot. because i did not appeal the dismissal of my bk. I have an apeallant brief due on monday. should i submitt my applleant brief anyway because the judge falsely back dated an indorsement on the note and if left unopposed im afraid it will prejudice me in my wrongful foreclosure suit.

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Phillips Esq.

Attorney

Juris Doctor

22,656 satisfied customers
A question concerning a modified Chapter 13 plan I am

A question concerning a modified Chapter 13 plan I am working on (Pro Se): At my recent 341 meeting, the trustee told me that they do not pay interest on mortgage arrearages and therefore I would need to modify the plan. I have replaced the originally proposed interest rate and changed it to 0% on the plan form. Within that section of the form, I also have listed secured debt that I owe to my condominium association. The association has obtained judgments for the debt - awarded at 6%. Are they entitled to be paid this interest within the plan? (I did have the debt listed - with the 6% interest - right underneath the mortgage arrearage debt w/ interest and at the 341 meeting the trustee said nothing about the association debt not being paid with interest - only the mortgage arrearage....so I probably could assume it's o.k. as it is but am just double-checking).

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DrakeLAW

Juris Doctorate

1,470 satisfied customers
We had a bankruptcy (Chpt 13) that went over a year past the

We had a bankruptcy (Chpt 13) that went over a year past the 5 year plan with no end in sight. How do I get answers as to what went wrong?

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Terry L.

Partner

Doctoral Degree

3,014 satisfied customers
I am finishing up with a divorce,I have settled my property

I am finishing up with a divorce,I have settled my property and debt issues with my ex. Unfortunately the divorce took its toll on my personal finances and credit card balances. Before the divorce I had a credit score of 780 and never had a late payment in over 35 years. I had to use my credit cards to pay for lawyers, living expenses and legal fees. All in all they now total some $50,000 for credit card and legal fees. I have car loans for myself and my son totaling about $20,000.My alimony wit child support was about $4500 a month it is now $1792 a month. I am only making payments on the basics, car loans, insurance, food etc. I was making less than minimum payments on my unsecured debts and CC's. I had to stop last month. I am going back to court on February 23 to ask for an increase in support. even with an increase it will be hard to make payments and have a life. Therefore I am giving bankruptcy a look at and need to know "when" I should file and which might be better to file chapter 13 or 7. I know with chapter 13, I can apply for a home loan as soon as the court ordered payments have been paid off. With chapter 13 I will have wait I believe two years.Thank you

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Phillips Esq.

Attorney

Juris Doctor

22,656 satisfied customers
Chapter 13 question. the debtor received a Chapter 7

Chapter 13 question. the debtor received a Chapter 7 discharge July of 2013. she has again gotten in trouble with unsecured debt but is also facing foreclosure and has incurred significant unpaid tax debt. the debtor is well under the median. She doesn't have enough to pay the tax debt and the unsecured and the arrears on the home. can she file and get confirmed a plan which only addresses the arrears on the house and places her car in the plan but does not address unsecured and taxes?

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DrakeLAW

Juris Doctorate

1,470 satisfied customers
I have a question about paying a chapter 13 filing fee

I have a question about paying a chapter 13 filing fee inside a chapter 13 plan. The chapter 13 bk filing fee is $310. Can this ever be paid as part of a chapter 13 plan payment? That makes it really affordable over 60 months. Utah bk judges seem to demandthis payment be made within 30 days after filing

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52 satisfied customers
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