Chapter 13
Consulted with an attorney. Central Florida not sure if that makes a difference. 440k in unsecured debt between us. Attorney said repayment will be 5100 a month which includes 3700 towards the mortgage payment. Basically, the debtors will get pennies on the debt over 4 years. Spouse doesn’t work and has been encouraged by doctors to file for disability. I somehow wish I could do chapter 7 but do not pass the means test. Income is currently 174k gross. Currently, not claiming spouse as a dependent. Was told trustee will more than likely keep tax returns. Approximately 36k in equity in the home. Was already foreclosed by them and was able to do a loan modification to get the mortgage down from 4200 to 3700. Own 2 cars both 10 years old. Scared 😱 of all the what if’s. Emergencies, etc. There is literally no room for anything. I haven’t completed the process entirely yet. I know time is running out as one creditor has already filed in court against the spouse. Another one got a judgement against me that I had no idea about until the consult. They have an affidavit from a process server who claimed they served me in person at a house I sold 4 years ago in a different state. I did challenge the process serving asking to vacate or dismiss. The creditor filed a motion to strike the process of service. I’ve been told I’ll still end up paying (judgement will remain) so best to complete the filing of the bankruptcy now. Trying to get my affairs in order so I’m not robbing Peter to pay Paul. Feeling helpless! I’m fairly certain no creditor will ever consider us in the future. So feeling cooked. Not fun in your 60’s. Is there anything positive to this?