We had a client come in worried last week about her home.  She was already thinking of filing for Chapter 7 bankruptcy, but was concerned what would happen if she tried for a short sale. Melissa, as we’ll call her, had debt like credit cards, loans, and medical bills that would be eliminated in the bankruptcy.  What she didn’t know is that she could also get rid of her mortgage debt if she was willing to give up her home. If she agreed to a short sale, she would have to find a willing buyer, get the lender to agree to it, and leave the property sooner.  Yes, she might be given cash to leave early, but that would be swallowed up by the costs of moving.  Plus, the cost of renting would be about the same as her mortgage, so she wouldn’t be saving any money from all her hard work. If she filed for bankruptcy and stopped payment on her mortgage, the mortgage company would either have to wait until the bankruptcy was over or get permission from the bankruptcy court to start or resume a foreclosure filing.  This is true in Illinois and in Wisconsin, which use courts to handle foreclosure cases.  That means that the mortgage company would have to get a court judgment, then wait a few months to sell the house, then get that sale approved.  During that time, Melissa could discharge her debt in bankruptcy, stay in the house and save money.  That sounds like a win-win for her. If bankruptcy is in your future and have an underwater house you no longer want, talk to your bankruptcy lawyers at Lakelaw to discuss how to take care of everything in bankruptcy.  Please call us at Lakelaw (847-249-9100 in Illinois, 262-694-7300 in Wisconsin) or visit our website at www.lakelaw.com to arrange a free consultation.

Jesse Barrientes: Well, Dave, what happens – you’d mentioned before about payroll control where the money is coming out. If I didn’t do payroll control, would my employer find out? Obviously if I’m doing payroll control, they’re going to know. But if I didn’t want to do that? David Siegel: Well, your employer only needs+ Read More The post Chapter 13: 16 appeared first on David M. Siegel.

David Siegel:               What is it, other than paying the stuff back, what is it going to cost me in terms of attorney’s fees, court filing fees and I’m just guessing that the trustee is going to have to be paid.   Jesse Barrientes:         right.  The way it works right now and this is forever changing,+ Read More The post Chapter 13: 15 appeared first on David M. Siegel.

Jesse Barrientes:         Let’s take the situation that we were talking about before about getting credit.  So if we are getting credit for an automobile, let’s say that it becomes difficult for me because of the reasons you said.  Can I dismiss my 13 and refile it?   David Siegel:               You can.   Jesse Barrientes:         And+ Read More The post Chpater 13: 14 appeared first on David M. Siegel.

This video talks about the ability to pay off a Chapter 13 bankruptcy case early.  There are times when this is not a good idea. Jesse Barrientes:         Well, Dave, what happens if we are in this plan here for a couple years and let’s just say that I have inherited some money.  And you know+ Read More The post Paying Off A Chapter 13 Bankruptcy Plan Early appeared first on David M. Siegel.

This video talks about obtaining credit while in a Chapter 13 bankruptcy case. Jesse Barrientes:         What happens if – because it’s going to be lean living during this time.  What happens if I need to get credit?  If I’m going to be able – if I’m locked into this plan for three years or five+ Read More The post Obtaining Credit While In A Chapter 13 Bankruptcy Case appeared first on David M. Siegel.

This video talks about keeping all of your property in a Chapter 13 bankruptcy case.  However, the debtor could elect to surrender property as well.  It really depends upon the desires of the debtor. David Siegel: Does someone get to keep all of their property when they are in a Chapter 13 or do they+ Read More The post Keeping Property In A Chapter 13 Bankruptcy Case appeared first on David M. Siegel.

This video talks about creditors and their acceptance or rejection of a proposed plan. David Siegel: Let me ask you this, Jesse. Do creditors object to your plan for your organization or do they just accept it? Jesse Barrientes: It depends on the creditor. Sometimes they object. Essentially, and we talked about this which is+ Read More The post Creditor Objections In A Chapter 13 Bankruptcy Case appeared first on David M. Siegel.

This video talks about the desire to have the first plan payment in hand when filing a Chapter 13 bankruptcy case.  It is required by my office in most cases.  There are some exceptions. Your office, Dave, you also do the first plan payment as well. Do you not? David Siegel: What I like to+ Read More The post Is The First Plan Payment Required In A Chapter 13? appeared first on David M. Siegel.

This video talks about the method of paying the Chapter 13 Trustee.  Payroll control is the best way to have success in your Chapter 13 case. Jesse Barrientes: So how do I pay the trustee? Do I send them a check? A money order? How does that work? David Siegel: Well, if you are gainfully+ Read More The post How Do I Pay The Chapter 13 Trustee? appeared first on David M. Siegel.