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We took out mortgage on a property in naples florida in

[Second opinion] we took...

[Second opinion] we took out mortgage on a property in naples florida in 2006. when the ecomony collapsed, my husband lost his job and we had to let it go. there were 2 different banks for the loans. one bank went on our credit for 7 years. we never heard from anything else. 5 years ago we moved to Kansas city. on dec 26 2017 we got served by Deutshe bank that they bought the property from one bank and now we owed 64,000 or our wages would be garnished. we have filed bankrupty chapter 13 and

Lawyer's Assistant: Have you talked to a lawyer about this?

Have payment of 3200 a month, working 2 jobs my self and my husband a job just to make end meet. we ar 57 years old. I cant do this for 5 years. now they have claimed 10 years of interest on the loan after we went to bankruptcy court and state we owe 168,000. according to the bankruptcy lawyer they are legally in the right. they filed 3 days before the 90 days to claim was up. is there any legal way we can fight this. we own nothing we are just trying to save for retirement and now have nothing for that because of them.

Lawyer's Assistant: What steps have you taken so far?

Only bankruptcy filed in march

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm at work at the moment but if they could send me a email or text ************************ **************. I am a nurse and my husband works hvac

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Answered in 1 hour by:
7/17/2018
attyadvisor
attyadvisor, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,981
Experience: 30 years of Bankruptcy
Verified

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

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Has the Bankruptcy court made a determination?

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Customer reply replied 29 days ago
We went to court March filed in January to prevent wage garnishment the purpose was to file chapter 13 then see what could be done legally against this bank
Customer reply replied 29 days ago
My phone speaker is broken so can't hear have to text and I'm at work

Let me opt out for another attorney to assist you.

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BKAnswerMan
BKAnswerMan, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38
Experience: Experienced Bankruptcy Attorney that has represented over 1,000 clients in consumer bankruptcy proceedings.
Verified
Have you considered converting to a Chapter 7 bankruptcy? Retirement accounts are generally protected. If your income prevents you from filing a Chapter 7 because you are working two jobs, there is no requirement that you must work yourself to the bone to fund a Chapter 13. Your health is a valid concern at your age.
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Customer reply replied 28 days ago
That my concern also but as a nurse and my husband as cdl and HVAC I was told no way we would qualify for chapter 7

It is true that there are income requirements in order to qualify for a Chapter 7 bankruptcy, and I can only address your issue generally, here. There are exceptions to the general rule, and variances from district to district in how the law is applied. If the payments are not feasible, then I expect your Chapter 13 case is not going to make it to the finish lines. So, this leaves two options, conversion to a Chapter 7 or letting this case run its course and look at re-filing down the road. There are couple of items that are relevant. The means test looks back over a six month period to determine your disposable income for a Chapter 13 bankruptcy. Also, if the bank's proof of claim really shows as $180,000 past due and currently owing, then that is a huge deduction for the means test which could change the disposable income analysis. I suggest speaking with your attorney or another in your jurisdiction, and discuss all of the variables, so you can have a back up plan.

BKAnswerMan
BKAnswerMan, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38
Experience: Experienced Bankruptcy Attorney that has represented over 1,000 clients in consumer bankruptcy proceedings.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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