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We are hiring a bankruptcy attorney for a Chapt. 7, but this is all new to me and I have a a few questions.
We have about $70k in cc debt, and we own two houses and live in neither (long story!!) We are underwater about $35k on one and a whopping $175k on the other. We have no interest in keeping either, and have in fact prayed for lightening ot strike the more expensive one, lol.
We also have 2 cars that we recently got, as we were honestly not thinking banktruptcy until today's meeting with the lawyer (we went to talk debt settlment.). We would reaffirm those loans because we want to keep the cars, right?
What happens to the houses? Does the bank (Bof A for both -- how lovely) foreclose and sell them? If so, will that foreclosure hurt our credit even more --although we're both at about 600 right now, so I don't suppose it will make a difference once the bankruptcy is reported.
Whomever finaced the cars doesnt have to let you keep them wether you want them or not. It is up to them to confirm you keeping them.
I would make sure if you are able to keep the cars that you are confident you can pay them to term. You do not want to file bk and next year or so a repo that would be devastating and have to pay the balance. On the other hand, if you do get to keep them you are already re-establishing your credit after bk and you want to start fairly quickly so your credit starts to heal in a couple of years. BK stays on your credit for 10yrs on chapter 7 but you do recover and how quickly depends on how quickly you restart rebuilding your credit. A good way to start rebuilding right away is take a small loan with your bank ($1000.00) and put it in a savings that they will secure until you pay the loan off and then you have money saved and rebuilding. Keep this up until the bank feels secure enough to give you loans without the secured account.
Just remember to make sure you re-establish quickly and do not mis any payments to get yourself back on top in 3-4yrs.
Good luck to you in whatever you choose.
The bankruptcy itself will hurt your credit score. If you do not plan on keeping the house(s), they can be included in the bankrupcty. It will effect your score no matter what you do unless you can get the lender to do a short sale that includes an agreement that it will be for full and complete satisfaction of the note. Some states also have deficiency statutes that forgive the difference in the balance owed on your loan versus what the house is worth/or sells for. But there are tax implications there. It might look better down the road when someone is looking at your credit report and sees you didn't let your house go into foreclosure (current up until bk filing), but score wise, little to no difference. The mortgage was discharged through bk.
The creditors for your auto loans do not have to let you keep the cars. That's true. But most people will tell you that as long as they stayed current on their payments, their cars were not repossed. You don't necessarily have to reaffirm to keep your cars or even your house. If you reaffirm and later can no longer make your payments, you will have FRESH derogs after your bankruptcy and you DO NOT want this. If you do not reaffirm and find yourself not able to make the payments, you can walk away and not worry about it because they were already included in your bk. Only reason most people reaffirm is for "security" that the creditor will not come after the property. Which in majority of cases they don't, whether you reaffirm or not, as long as you make your payments. So as gadixie said, be sure you are confident you can make the payments on the cars if you do reaffirm them.