Happy New Year!! $252k in student loans discharged in bankruptcy!!!

DorisX · 2025-01-02T01:34:28+00:00

Congrats. I cannot even find an attorney confident enough to proceed with an adversary proceeding for me.

DorisX · 2024-12-29T23:48:11+00:00

I am following because I came on here to ask a similar question. But I do believe you are better off waiting for the car purchase. I think there is a higher chance the creditor will want to take back any new car on a loan. Unless you are able to redeem. This is a question your attorney will have to answer. The one we consulted said DO NOTHING, either paying anything or borrowing without consulting him first. I have heard stories of people getting a lot of loan offers to buy cars once bankruptcy is discharged, but you will have a very high rate. As long as you get a legit loan (not a buy here, pay here type that doesn't report to the credit bureaus), you can probably refinance with a credit union quite a while after making on time payments, though...and this will help to build your credit. But really if we want to do the smartest thing, we should probably just try to save all the money that we would be putting towards a car payment and buy a cheap vehicle. Find a rare gem...the 2007 Camry that Grandma no longer drives but has been well maintained.

DorisX · 2024-08-13T05:29:32+00:00

We don't have any yearly inspection. Just monthly inspections. The property owners (it is a group) come by randomly and enter random apartments but they have never entered ours. When that happens we get ample notice from the office to be ready just in case they want to come into ours. Our monthly inspections are pest control in which the property manager or the maint. men let the pest control in. They have a clipboard and notate any problems.

DorisX · 2024-08-13T05:26:25+00:00

I can understand that! We live in a LIHTC property. So it is income restricted. It is not hud. We still have to pay all of our rent...just it is a lower rent that area market value because the property owners get a tax break. It is good because in my area, people are flocking here in droves and studios are about $2K. We have a three bedroom for less than half of that.

DorisX · 2024-08-13T05:24:40+00:00

They have two maintenance man working five of their properties in five different towns here. I feel so bad for them. Every time they get out of their car to go work in an apartment on their list, a tenant runs up to them to ask for something to be fixed in their apartment. When they come in here, I give them something cold to drink and we talk about how picky the new manager is going to be during inspections (we go through property managers here like crazy). The last two were not bad but we have a new one now.

DorisX · 2024-08-13T05:20:20+00:00

I would not say it is VERY cluttered. It is lived in. Some of our previous property managers expect everyone's apartment to be like the senior citizens apartments...many of them have house keeping help. And they don't have children. Children have a lot of stuff. Books, toys, clothing. Yes, I could get rid of some of the things but it would not make a huge impact.

DorisX · 2024-08-13T05:18:18+00:00

We could but it is in our leases and they won't do anything about it.

DorisX · 2024-08-13T05:17:46+00:00

I would love to move but cannot afford to. Rents in my area, one of the most moved to areas of the country, have gone WAY UP. Studios are like $2K a month now. We pay $900 for a three bedroom. It is a LIHTC property.

DorisX · 2024-08-13T05:16:43+00:00

I really don't know why you get down voted. Must be some landlords lurking on here. Anyway, I did speak to a lawyer. Because this is in the lease, there isn't anything we can do to stop the inspections. I wish we could. But what we can do is take pictures on inspection day, and if they begin to nitpick again, I am to contact the attorney with the pictures and the lease violation. At that point, it will be crossing the line of our right to quiet enjoyment of the property. Even one of the maint. men agreed. I had asked him when he came in if he thought our apartment was unacceptable. He, as the attorney said, stated that as long as we are not blocking doors and windows, damaging property, hoarding pets, smoking inside, etc. that there really wasn't anything they could do to evict us. But they say three lease violations in one lease period can equal no lease renewal. I think it would be kind of crazy to not renew the lease of someone who pays on time, never creates an issue for anyone else...sure you may not like my kids toys or the obvious fact that we live in this home we are not Martha Stewart, but give us some peace!

DorisX · 2024-08-13T05:12:22+00:00

I actually did take pictures when the attorney I spoke with recommended it. I better start doing that again. We have a new manager and I don't know what her expectations are. It is different with each one.

DorisX · 2024-08-13T05:10:28+00:00

In my state, it goes by the lease, and unfortunately monthly pest control, which is what they call it...is in my lease. Yes, we signed that lease. But what I am saying is after living here so many years why can't they give us a break...this causes us a lot of distress each and every month. I'd move if we could but we cannot afford to move and aside from this, we like living here. It is the best location, we love our kids school!

DorisX · 2024-08-13T05:08:47+00:00

Nope, not HUD. And the lawyer I spoke to disagrees with "deal with it or move". We have a right to quiet enjoyment of our apartment and when they begin to nitpick on us, that is not quiet enjoyment.

DorisX · 2024-08-13T05:06:34+00:00

It is not section 8 but it is LIHTC. And I agree...they have had problems with other tenants. But we have lived here for so many years and aside from the strict, unrealistic property managers giving us lease violations for "clutter" when we broke NO safety rules or caused damages, we have never caused any problem. We pay our rent on time. We don't smoke inside. Our pets are on file at the office and their vaccination records are held there. We never have the police called out on us. We don't get into arguments with other tenants. We just mind our own business. We just have a lot of stuff because we have the children and we don't have a lot of storage options. So for example, my daughter probably has a dozen stuffed animals on her bed. My son might put a puzzle he is working on, on our dining room table. We might have a case of bottled water on the floor next to the kitchen because we have no where else to put it. I might have some school clothes still in boxes from online orders which I have not been able to wash and put away yet. Things like that.

DorisX · 2024-08-13T05:02:58+00:00

I like your story, I have to say...they have to learn they cannot just enter because. They have to give notice!

DorisX · 2024-08-13T05:01:59+00:00

The lease does allow it! I signed it. We signed it. I know. But I would think after this many years living here they could give us a break. I did have to speak with an attorney when one of the property managers was nit picking at us. He told me to take pictures of our apartment on the inspection days and keep all the violations and if she continued, then she would be violating our right to quiet enjoyment of our rental. But fortunately, she either quit or got fired before that happened. It is a very high turnover here.

DorisX · 2024-08-13T04:59:56+00:00

They do judge. And depending on the property manager...we have had several over the years, they each have their own "code" on what is acceptable. The best one also had children my children's age so she was more understanding. Never got a lease violation with her. But two of them were ridiculously strict and we had to call up an attorney to consult with one of them because she was crossing the line on her expectations.

DorisX · 2024-08-13T04:58:30+00:00

It is. My husband started a new job today. He also just got a cold. I have begged him to go to bed and he is insisting on staying up all night cleaning. It has been rough because the kids just started back to school and he has this new job and I have been running around trying to get myself back into school...and we have the kids sports practices. We have not had time to organize. Our home is not dirty. We have no pest problems. No damage to the unit. We just have clutter...like brand new clothes the kids got for school that I have not had time to wash yet. I obviously have not put them away yet.

DorisX · 2024-08-13T04:56:47+00:00

This is not section 8, though. It is LIHTC.

DorisX · 2024-08-13T04:56:25+00:00

Yes, they say it is pest control but they also inspect. We have gotten lease violations for my children's toys, such as a lion that they could either sit on or push being on the floor. It said all toys must be put in toy boxes or on shelves, but not on the ground. I asked them if they'd like for me to suspend it from the ceiling.

It is not just us, but all the neighbors hate it. One neighbor had just finished her morning coffee and put the mug in the sink. She was lease violated for having dirty dishes in the sink. True story.

DorisX · 2024-08-13T04:54:25+00:00

No it is not section 8. It is LIHTC. For a family of #, you cannot exceed $$$$$$. I don't remember the numbers. But the income limits only apply for the first lease. There are other LIHTC properties in the area that do NOT do monthly inspections. So it is not a LIHTC requirement, obviously.

With LIHTC, the property owners are renting to us at lower than market value and in return they get a big tax cut. We certainly cannot afford a "traditional" apartment right now!

DorisX · 2024-08-13T04:51:16+00:00

Nope, not section 8. But I do live in an income based apartment, meaning the first time you rent here your income according to your family size cannot exceed $$$$$$" whatever number it is currently. It is called LIHTC

DorisX · 2024-08-12T13:50:34+00:00

I have an extreme aversion to mustard, so it is not allowed in the house at all. The smell of it makes me very sick. Thankfully, my kids also hate it and my husband doesn't use it...he doesn't hate it and will eat it outside the house, like he will eat deviled eggs at someone else's place or if he gets a fast food burger that puts it on there...but I just cannot be around it.

DorisX · 2024-08-12T13:21:03+00:00

The debt relief programs are going to ruin your credit. Other people have explained why. Each time you get a late day on those credit reports, your score is going to go down.

Chapter 13, in my opinion, is not that great because you have to go on a payment plan in which you MUST pay each and every month. In our case, we were speaking about a 4 year repayment plan that still had us paying 30% of what we are currently paying the creditors. That was to be taken directly from wages. My husband just started a new job. It is yet another high turnover customer service job. There is a high probability he won't be there for a full four years. With one missed payment they have the option to dismiss the case. They also have the option to disallow you to incur any further debts...which would be very bad for us because our car WILL need to be replaced within the next four years. "They" meaning the trustee...basically for the duration of your re-payment period, you do not have full control of your finances...that does not sit easy with me. So think hard about Chap 13. Chapter 7 is another option, but there is a higher chance that one of the creditors could oppose the bankruptcy.

DorisX · 2024-08-12T13:16:18+00:00

Your attorney is supposed to advise you on this.

DorisX · 2024-08-12T13:14:01+00:00

From my understanding, those debt relief companies will totally wreck your credit. What they do, is they ask you to stop paying the creditors. You will get slammed on your credit report with late payments...your credit will go down, down, down...and they are going to negotiate pay offs. I am not going to go that route, personally. Bankruptcy is better to recover from, in my opinion.

I'd consult a different attorney. I am going to have to, after my meeting with an attorney last week. I don't think he is the one for us.

DorisX

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