My sister makes about $28k a year. She is a single mother. She filed Chapter 7 last year. She gave her landlord a 30 day notice that she was leaving. She has lived in the apartment for 3 years. Her lease renewed in August. The landlord called her and said she is responsible for rent until they re-rent the place and if she doesn't send the $$ they can file a judgement and garnish her wages. My sister has worked really hard to get this new place and she has done an excellent job on the accounts that have been opened since her discharged Chapter 7. She feels her only protection from the landlord is to file a Chapter 13. From what I know about Chapter 13's, your "disposable income" is used to pay your creditors. My sister really doesn't have any disposable income so can she even file a Chapter 13? Also, will she no longer be able to use her new credit cards she's been doing excellent on?
2006-09-26 13:41:30 · 4 answers · asked by carpediem3000 3 in Business & Finance ➔ Credit
it doesn't work like that. we thought it did when we filed and it cost us, big time. unsecured debt is not something you will have to continue to pay for. its written off, at least it was here in indiana about three years ago. i wrote off a 2000.00 gas bill. if the law has changed, it doesn't matter. you can pay 10.00 a month for 6 years even if the debt is 10,000 it doesn't matter. for instance. I owed 13,000 on my house. I kept under the bankruptcy and paid 256 a month until I decided to turn it back over to the bank. now, to protect me from foreclosure and having to pay the difference between what I owe and what I sell it for, I instead by 40 a month because that all I have left over *wink wink* so now, for 14 months I pay 45 a month. and pay a total of 600 and something as opposed to 9,000. and they can do nothing about it.
2006-09-26 13:48:58 · answer #1 · answered by Huge. 1 · 0⤊ 0⤋
When did she leave the apartment? If she left before the lease renewed in August and did not sign a new lease, the longest she can be required to pay rent is the end of the last lease she signed or 30 days after her notice whichever is longest. I am assuming the lease required 30 days notice, I have seen 45 days required.
2006-09-26 14:00:01 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
Information on Chapter 13 Bankrupt
Many a times you read about notices issued to the public, informing them about the bankruptcy of a certain organization or company. The intention behind making this public announcement is not to deepen the sense of shame of the person or the company, but is simply a legal obligation.
Anybody, whether a company or an individual can go bankrupt. This happens when the bankrupt person or organization cannot ............
2006-09-28 01:11:53 · answer #3 · answered by men t 2 · 0⤊ 0⤋
Hello,don't worry,they will give her the list to fill out what she have to spent every month(food,clothes,school,entertainment for weekends,gas...)give them the high amount she need.The attorney will deduct from that amount and give her the estimate the payment she will make to trustee,they will look for her income to see how much she ca afford.
2006-09-28 05:34:48 · answer #4 · answered by Anonymous · 0⤊ 0⤋