Posts Tagged ‘mortgage’

What bills should I pay?

Tuesday, April 6th, 2010

Clients often wonder what bills to pay in the time leading up to the time for filing bankruptcy. Usually, they wonder if they need keep paying credit cards, car payments, and mortgages and other bills.

The following list is comprised of things that I tell folks to pay in the time leading up to bankruptcy and why:
1. Child support. Well, you go to jail if you don’t pay it. Your kids have to eat even if it means that Citibank is not going to get its minimum payment. In short, it’s the law and it’s the right thing to do. Pay your child support (or alimony). If not, you’ll need bail and child support money.
2. Food- starving is just no good.
3. Utilities- Besides the obvious the reasons to pay the utilities, there are other considerations- if your utilities are turned off you’ll have to give a deposit next time you sign up for them. There are also fees associated with reconnection. It will cost you even more money in the long run if you don’t pay the light bill. I’m not talking about charged off old bills. I am talking about current utility usage. Besides, who really want to live in a house where the toilet does not flush?
4. Housing- you can’t live in a Visa or American Express- you can live in a house or apartment. Consult with me before continuing to make housing payments if considering bankruptcy. There are some situations, like when surrendering a house in foreclosure, where paying the house is not worth it.
5. Car payments- take what I just said about housing and repeat it here. Often times, because of the amount of the car loan, it just makes more sense to let the car go. Call me. I’ll be happy to help you make a decision.
6. Taxes- Uncle Sam can reach right in your pocket if you don’t pay. Some taxes can be discharged or given preferential treatment in bankruptcy. You’ll want to decide what your plan of action is before deciding for sure whether or not to pay taxes.
7. Everything else…

Will I lose my house if I file bankruptcy?

Saturday, November 7th, 2009

Will I lose my house if I file bankruptcy?

I constantly get asked, “If I file bankruptcy, will I lose my house?”. The short answer to this question is “not likely”.

It’s my experience that a mortgage company would rather get your mortgage payments rather than have yet another house on the auction block. If you’re able to make the payment, chances are the mortgage company will complain not a bit. There are some exceptions, the mortgage company expects you to maintain insurance, pay the Jefproperty taxes, and generally take care of the house (their collateral).

Your probably thinking, “well genius, if I could afford the house, I would not be in this kind of trouble!”. Maybe- I see a lot of people who don’t make the house payment because of credit cards or wage garnishments. Those are two things bankruptcy certainly can fix.

“Well, I’m going to lose my house anyway. I don’t need to file.”. Wrong again. If the bank sells the house at the courthouse door and it brings less than the loan amount, a deficiency is created. This is the amount left over that you still owe. That will be part of the claim against you and can be used to garnish your wages or checking account. Also, because of the automatic stay, the bankruptcy can stall the time it will take the mortgage company to move you out. You will be living rent free.

It’s pretty obvious in most cases, a bankruptcy will keep you in your home- even if for just a little longer.

Call us today to discuss your options. 502-716-0000.

Wantland Law, PLLC
Bankruptcy-Divorce-Personal Injury