Legal Help - Bankruptcy Law

Post-Discharge Issues Foreclosure Showing Up After a Chapter 7 Bankruptcy

MCDERMOTT82 — Sat, 18 May 2013 19:15:14 GMT

My question involves bankruptcy in the state of: Wisconsin.

My wife and I filed chapter 7 in 2009. We are currently in the process of purchsing a new home. Everything was going great until today! Our financer called and said that we have a foreclosure on our records showing it forclosed in 2011? When we filed chapter 7 we moved out of the house before everything was finalized. Can the bank forclose on a house after we gave it back to them in a Bankruptcy??? This is preventing us from getting financing because we are going through a USDA program that requires three years from a bankruptcy or a forclosure. Let me know your thoughts. Thanks

Chapter 13: Can One Spouse File Chapter 13 Without Involving the Other Spouse

jlb4350 — Thu, 16 May 2013 03:32:46 GMT

My question involves bankruptcy in the state of: NC

I'm am currently working with a lawyer to file for Chapter 13. I owe quite a large amount of CC debt and loans. My spouse has debts in her own name that are only a few thousand dollars. We were originally going to file together, but our lawyer said he didn't want to include her because she only has a few thousand dollars. Upon discussing with her dad, he said he could help pay her debt to keep her out of bankruptcy.

Here's the problem. My process prohibits me from getting any money from family, so we decided to open up a bank account in her name only and if her dad wanted to send her money for whatever reason, she could just handle it apart from me. But today our lawyer said that because we live in the same household, that she couldn't receive any money from family either.

So I have two questions...
1. What business is it to the courts or trustee wh at my wife does with money she gets from her father if she doesn't file for BR?

2. If she's going to have to live like shes in bankruptcy anyway, would It make sense to go ahead and add her debts in with mine?

I just don't see the benefit of keeping her out, but leaving her debt if Shea going to have to live likes she's in BR anyway just because we live in the same household.

Any thoughts?
Thank you so much!

Post-Discharge Issues Mortgage Not Reaffirmed and Credit Report

67MGB — Wed, 01 May 2013 22:11:15 GMT

My question involves bankruptcy in the state of: CA

Let me begin by saying that we live in California, but we think that our problem falls under Federal statutes. In May 2009, we entered into a Home Affordable Modification Program (HAMP) with our mortgage servicer CitiMortgage. On August 01, 2009, we started the HAMP 3-Month Trial Plan. On Sep 14, 2009, we filed for Chapter 7 Bankruptcy Protection. On 03/04/10, our Chapter 7 Bankruptcy was discharged. On 06/10/10, we received the Home Affordable Modification Agreement.

A recent review of our Credit Reports exposed errors associated with the reporting of this Mortgage.

Experian (dated 02/11/2013) reported:
� �Status: Discharged through Bankruptcy Chapter 7�
o This is incorrect, this mortgage was not included in the Bankruptcy
� �Date of Status: 03/2010�
o This is incorrect, why should the �Date of Status� not be 01/2013 when it was �Last Reported: 01/2013�
� �Last Reported: 01/2013�
o This is correct
� �Monthly Payment: $0�
o This is incorrect, we have been making regular monthly payments
� �Recent Balance: $0 as of 01/2013�
o This is incorrect, this mortgage was not included in the Bankruptcy
� �Recent Payment: $0�
o �This is incorrect, we have been making regular monthly payments
� Creditor�s Statement: Loan modified under federal government plan�
o This is correct
� Payment History: �60� days late for �NOV 2009�
o This is incorrect per the Fannie Mae Service Guide Announcement 09-05R, this was during the HAMP Trial Period.
� No Payment History reported after �MAR 2010� which is listed as �OK�
o This is incorrect, we have been making regular monthly payments
� Account History: �60 days past due as of Nov 2009�
o This is incorrect per the Fannie Mae Service Guide Announcement 09-05R, this was during the HAMP Trial Period.
� Account History: �Debt included in Chapter 7 Bankruptcy on Mar 04,2010�
o This is incorrect, this mortgage was not included in the Bankruptcy

TransUnion (dated 02/11/2013) reported:
� �Balance: $0�
o This is incorrect, this mortgage was not included in the Bankruptcy
� �Date Updated: 12/31/2012�
o This is correct
� �Last Payment Made: 12/16/2012�
o This is correct
� �Pay Status: >Account Included in Bankruptcy<�
o This is incorrect, this mortgage was not included in the Bankruptcy
� �Date Closed: 04/30/2011�
o This is incorrect, �Last Payment Made: 12/16/2012�
� �Remarks: >CHAPTER 7 BANKRUPTCY<�
o This is incorrect, this mortgage was not included in the Bankruptcy
� Payment History: �X� (Unknown) for �11/2009
o This is incorrect per the Fannie Mae Service Guide Announcement 09-05R, this was during the HAMP Trial Period.
� Payment History: �N/R� (Not Reported) or �X� (Unknown) for the period of �04/2011� thru the end of the reporting period (�11/2012�)
o This is incorrect, �Last Payment Made: 12/16/2012�

Equifax (dated 03/04/2013) reported:
� Listed under �Mortgage Accounts - Closed Accounts� & "Negative Accounts - Closed Accounts�
o This is incorrect, we have been making regular monthly payments
� �Date Major Delinquency First Reported: 09/2009�
o This is incorrect per the Fannie Mae Service Guide Announcement 09-05R, this was during the HAMP Trial Period.
� �Date of First Delinquency: 08/2009�
o This is incorrect per the Fannie Mae Service Guide Announcement 09-05R, this was during the HAMP Trial Period.
� �Current Status: INCLUDED IN BANKRUPTCY�
o This is incorrect, this mortgage was not included in the Bankruptcy
� �Comments: Bankruptcy chapter 7, Fannie Mae account�
o This is partially correct, this mortgage was not included in the Bankruptcy, it is a Fannie Mae account
� Most of the entries for the report are blank
o i.e.: Date of Last Payment, Balance, etc.

We contacted CitiMortgage and stated;

We were current on our mortgage prior to starting the HAMP application.

During this time period we were current on our mortgage payments, per the HAMP Trial Plan.

Per the Fannie Mae Service Guide Announcement 09-05R, Credit Bureau Reporting:

�In accordance with the Servicing Guide, Part VII, Section 107: Notifying Credit Repositories, the servicer should continue to report a �full-file� status report to the four major credit repositories for each loan under the HAMP in accordance with the Fair Credit Reporting Act and credit bureau requirements as provided by the Consumer Data Industry Association (the �CDIA�) on the basis of the following:�

�For borrowers who are current when they enter the trial period, the servicer should report the borrower current but on a modified payment if the borrower makes timely payments by the 30th day of each trial period month at the modified amount during the trial period, as well as report the modification when completed.�

Their response was to add �Consumer Disputes This Account Information� to the Credit Reports.

Further Contact with CitiMortgage revealed that the Mortgage File was still in the hands of the Bankruptcy Dept. They claimed that the Mortgage had not been reaffirmed before the Bankruptcy was discharged. Upon attempting to contact our Bankruptcy attorney, we discovered that he had retired. When we finally did locate him, we found that his files were no longer available and that he could not determine if the Mortgage had been reaffirmed.

Our research indicates that the only method to reaffirm the Mortgage at this point, is to have the Bankruptcy reopened. Our research further indicates, it might be better not to reaffirm the Mortgage, that there might be benefits to not reaffirming the Mortgage.

Maybe we are wrong, but we assume that having a long term Mortgage reported in good standing will help in our credit recovery. But that is pure speculation, we doubt that even Steven Hawking could understand the black art that is Credit Scoring.

Our question is, how do we get CitiMortgage to report this Mortgage as required by Fannie Mae Service Guide Announcement 09-05R.

Chapter 13: Increased Income During a Chapter 13 Repayment Plan

ktmguy — Tue, 30 Apr 2013 03:28:43 GMT

My question involves bankruptcy in the state of: Oregon

I have a quick question...We our currently in BK 13...I pay 945.00 per/month..My base plan is 18,000 dollars at 14.78% and we have another 18 months to go. I take home about $6000/month believe it or not we our very tight...my wife just received a job offer... making about 3600/month...I guess my question is will my monthly payment go up? and by how much? Will our base plan go up also? Will our plan be extended to 5 yrs? just like to know what to expect thanks...

Bankruptcy Issues: Bankruptcy and Disability

EYES98801 — Sun, 21 Apr 2013 05:26:03 GMT

My question involves bankruptcy in the state of: WASHINGTON
He is disabled and his medical bills are over 60,000k. Which Chapter and once he goes to the doctors again they begin to pile up again. Medicare only pays 1,621.00 a year. He has no secondary insurance. Department of Social and Health Services has dismissed him as medically neccessary eventhough he has Addisons Disease and Type I Diabetes. How does he afford an attorney?

Bankruptcy Issues: What Are Your Options if You're Ineligible for Bankruptcy

mrbibs — Sat, 20 Apr 2013 03:43:29 GMT

My ex-wife has a judgment against me (US 523a15 issue). The amount I owe her is greater than the $360,000 limit so she was able to block my Chapter 13 filing. Same reason applied to Chapter 11. What else can I do to move on with my life?