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Ch 7 Might be my only option now but I have several questions

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Nolan34
Contributor

Ch 7 Might be my only option now but I have several questions

Good Afternoon - I've come to the point where my debt has gotten to a point where my only option is Ch 7. I experience alot of debt from a car accident and have been able to make payments but seem like I get no place. I have a few questions where I may/may not choose Ch 7.

 

1) I'm currently in Active Duty military. Will this affect my security clearence? Future clearences?

 

2) I currently own a home that is under a VA Home Loan. Will I be able to keep my home?

 

3) Two Automobiles in my name. One with a Credit Union and another with Toyota Financial. Will I be able to keep my cars?

 

4) What exactly happens during the Ch 7 experience?

 

Any help would be great 

 

Thanks

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Anonymous
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Re: Ch 7 Might be my only option now but I have several questions

1) I'm currently in Active Duty military. Will this affect my security clearence? Future clearences? - I'm not sure how this addect your clearence, you might want to talk to your Seargent or someone who knows more regarding secutiry clearences. Per Nolo.com this is what they had to say:

 

Filing for bankruptcy does not automatically affect your security clearance. Whether your security clearance will be affected depends on a variety of factors including why you had to file for bankruptcy, your job performance, and even your relationship with co-workers and superiors.

Having large amounts of outstanding debt may also jeopardize your security clearance. In some cases, filing for bankruptcy can actually help you because it may be viewed as taking a positive step towards financial responsibility. However, determinations regarding security clearances are usually made on a case by case basis. As a result, prior to filing, you should check to make sure your security clearance will not be adversely affected by your bankruptcy.

 

2) I currently own a home that is under a VA Home Loan. Will I be able to keep my home? - Depending on your state exemptions, and equity in the house (if any) you should be able to keep it. I own a USDA home, it has about 20k in equity and my spouse and I were able to keep it. This again depends on your state exemptions for BK, you should referr to your attorney.

 

3) Two Automobiles in my name. One with a Credit Union and another with Toyota Financial. Will I be able to keep my cars? - Depending on the LTV on the cars, most are upside down with no equity in them or you owe more than it's worth it's actually better to just give the cars back and finance a "new" vehicle out of BK. If it's just you filing BK, you most likely would have to give up one car if you can't have a compelling reason why you need two, such as you and your spouse both need one to get to work etc. If it's just you, not married and you have two cars you can keep one not both. I know in my case filing BK my husband's POS Subaru was listed as collateral for a 30k installment loan (LOL! it's worth $500) so we're giving that back if they'll take it, and I own a Prius and I can actually get a newer Prius for LESS than my current loan balance even with a higher APR for a few months the monthly payment would be less, so it's worth us to return both units. If you currently bank with the credit union the one auto loan is with, and you do decide to give it back before you file for BK you should go and open a new account with another credit union and don't mention the BK or your intentions. Most CUs have a rule that they don't give you a checking account for a year after you file, but if it's in place PRIOR to filing they don't care.

 

4) What exactly happens during the Ch 7 experience? - So far so good for my husband and I. We filed on 7/5/16, our attorney sort of reminds me of Saul Goodman, he's more into volume than wasting time and he wasn't terribly expensive compared to the others in the area who want to just pussyfoot around drag it out for 6 months and try to settle the debts to get a cut in a kickback. My buddy referred him to us, and he recommended him highly and said he knew 4 other people who used the same guy and all liked him. I was pretty nervous at first, since I always worked in a place I had to have good credit, and since i've done banking/finance/collections it sort of seems silly that I'm the one filing for BK now. However life is life, and I work for the state now and they don't care what I do. lol. Researching and reading the threads on here is a lot of help, and if you haven't done so already start doing it. Smiley Happy

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