Bankruptcy/Reaffirming/Lawsuit Settlement Pending
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Posted by Weary Mom on December 28, 2001 at 02:35:36:
Hello, I am Lisa, and full of questions. I will try to be to the point but or situation is complicated. 1. After a dog attack to one of my sons (2 yrs. ago this next February 2002) I was forced to quit my job and care for him (he is one of 7 y.o. identical twins, both of which already suffered from a rare neuro-muscular disorder prior to the attack.) We were assured by the lawyers that the settlement would be quick? Ha! Ha, ha ha ha ha! So here we are, still waiting. 2. One year after the attack (last January) hubby was forced into resignation (long story). We were in Nebraska and thankfully he got a job within 60 days and we now live in Idaho. During this time I continued to be jobless (but start a new job in January, next month). Note: The lawsuit is suppose to compensate for 6-12 months of my loss of income...I won't hold my breath. The point being, the temporary loss of his income and the expenses of moving, set us back even further then we already were with bills. 3. Our insurance now is aweful and I ended up in the hospital with food poisoning last August, costing us $2,000, after insurance coverage. Eeeek! We've yet to pay a dime...no money to give. 4. Current situation is that we own in Nebraska, lease in Idaho, almost own our van, all other debts are unsecured credit card debts and medical bills. We understandably are being harrassed for non payment on the unsecured debts for 4-6 months now (since our move here), and being harrassed also for being 2 months behind on our Nebraska mortgage and van loan payments. Two of the unsecured debtors have finally given us their last letters from their collection counterparts, to either settle with the settlement offers they've given us, or they will file a judgement against us, one even is a 10 day notice received today. Questions: 1. Can we file a Chapter 7 bankruptsy and reaffirm our van loan? (We only owe about $1,800 and will be paid off next August.) 2. Can we file a Chapter 7 and reaffirm our home loan in Nebraska? We are VERY upside down on that loan and have a renter in it whom we leased it too through until next May 30th. 3. Eitherway, what can "they" do with Christopher's settlement money if the settlement comes through after we file either a 7 or 13 bk? Settlement will likely be in his name, even though some of it is to pay back expenses we (his parents) have already incured. 4. We cannot afford to even take them up on their settlement offers (wish we could). Will a letter sent certified this week, help hold them off at this point, at least so I can file the bk papers? AND LASTLY! 5. Filing with a lawyer will cost us about $700 here in Idaho. In order to pay that, we would have to hold back a 3rd payment from the van loan or the mortgage. Remember we are already 2 months behind and they are freaked out! Will a Chapter 7 or 13 help us with the van and mortgage situation at all? 6. What do you know about Ziinet.com, in using their online bankruptsy engine service? I have tried to research the company, even with the BBB, and come up with zero complaints against them. That seems to good to be true. They are also known as Ziinetplus.com Thank you in advance for all your supportive responses. I am so stressed out, I am about to cry just sending this to you. If Ziinet is a quick and easy way to file compitently, and all I have to do is the foot work to the clerks office, then that will help a lot and I won't have to hold back payments to anyone. Thank you!!!! Lisa-Weary Mom
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