That's a good suggestion reguarding answer #1, I need to know if only I can file chapter 13 in Florida and not drag husband into my mess? Any suggestions?

I have no idea why you want to file chapter 13, if you can pass the means test for 7. Unless you want to keep your house. Chapter 13 will work much better in keeping the house.
You do not have to file together, you need to file in florida. I doubt you will find a pro bono BK attorney except at legal aid (everyone looking at BK is broke). In chapter 13 , you can spread your atty fees out over the term of the repayment plan. so quit worrying about that. I am concerned that you will not qualify for 13 because you have no regular income. you cannot file 13 if you do not have a reliable stream of income to pay the monthly payments.
You need to consult with a BK attorney this week, and they can lay out your options much better in person than I can type it.

you should expect to pay 1500 to 2k for a chapter 7; and about 3-4K for a 13.

I forgot to address the predatory lener issue. You need to go to HUD's website and find hte "Predatory Lender" section, and file a complaint with HUD; I have seen them do some magic with those guys.
www.HUD.gov

Brain actually both helped me the reason I want to do a chapter 13 my business WAS VERY STEADY, then bottomed out. I still have a business, I want to keep my house also. I really don't want to move in with hubby and girlfriend. Thanks for the advise. That predetory lendor put the final nail in my coffin! I just need a darn good attorney
if you need anymore info to help me, I can sure give it to you!
Thanks

As I stated , youneed to consult a BK attorney, because I am not convinced that you rteally want or need a 13. If you are more than two months behind on you mortgage and you do want to keep the house, 13 is better, but nothing else is.
Thie problem with 13 is , if you cannot make those payments for 3-5 years, the trustee will dismiss your BK and you will really be in trouble. Make an appointment, and make a list of what you want to happen, and take that with you, from that list , s/he maybe able to descern which chapter. 13 takes a lot of commitment. Do you think you can generate a steady income for the next 3 to 5 years?
scary if you are over 50 , in this economy

I'm not behind on my payments. And I NEVER would be in the mess I'm in if someone from the motgage processor would of helped me a year ago. If I owe I owe, and want to pay. Chapter 7 releases me from all my debt, but my credit's destroyed. Chapther 13 I was told you can still go back in front of the judge again and again. Chapter7 is final. Hope I'm making sense. Maybe I was given the wrong info. But will get to the HUD office today. Then find an attorney. As I stated before, if if wasn't for that lender. I wouldn't be in the mess! and I didn't do the stupid subprime payments! I paid the full amount. Thanks

As far as youyr credit is concerned, there is no difference in 7 or 13, OR not being able to pay at all.
Those "credit companies" that offer to take over your CC and settle for you are a bunch of bunk as far as a person's credit rating is concerned. The bottom line is: if any lender ( mortgage, credit cards, etc.) have to write off a loss on you, your credit rating will be the same for all intents and purposes. Actually you are better off with 7 because you have no debt to carry. with 13, you have to repay them pennies on the dollar, your credit will be the same as with 7.
I don't know what you mean by "go back in front of the judge again and again"; or why anyone would benefit from that. Chapter 13 is just as "final"; your debts are just discharged at the final payment; 3- 5 years later.

If you are not behind on your mortgage, then 7 may work for you. 90% of these "mortgage processors" that purport to save your home are a scam. HUD has a n entire section devoted to these scammers.

I understand you wanting to be "honorable"; but you can't be honorabe with fly by night, sub prime lenders, and credit card banks that charge 30 % interest , so you never get the principal paid.

I know about the scammers. What I meant about loan processor was my loan was sold 3 times, the third time was to Lehman Bros, when that happened, the company that collects my mortgage payments is Aurora Loans. Now I'm hearing that Lehman doesn't even own it anymore, but Aurora still demands payment. When I realized I was lied to, I made total, not subprime payments. If the sleaze balls would of worked with me a year ago, I wouldn't EVEN be in this mess. You're absolutely correct about credit card companies, they're the lowest varmin on the food chain! I'm trying to find the closest HUD office. I just need to keep my house, don't want to be homeless and the house is worth more than what I owe. I have a truck which is for my business, paid for and a car I'm making payments on still. But the credit card companies have killed my AAA credit rating to fair, they combined my business credit lines with my personal. Okay enough of my whining. You're correct, I can't be honorable, when I'm up against these banks we've bailed out! I just wanted to thank you again. It's just terrible to for years doing everything right, and in one month to be striped of everything! Any more suggestions you have, I'm all ears! Thanks, Karla

Once you confer with your BK laywre, s/he can guide you though these choppy waters
An individual trying to deal with credit card companies, ( you are bringing a knife to a gunfight) and these fly by night mortgage holders ( that suck all they can out of homeowners and then sell the mortgage to another financial group that feeds for a while, then bundles you mortgage up with others and sells it; they do so becaus ethey keep the mortagages mocving so fast that their stockholders THINK they mortgages they own are safe) NPR had a wonderful 2 hr s last year about the subprime mortagage shell game that uses homeowners and stockholders as pawns.

Again many thanks for listening to me. I know I'm not alone. It's just nice to chat with somebody that understands that not all people that are in predicaments such as mine are losers. I'm going to see an attorney asap. Maybe they can guide me to a local HUD office also. I really think I could be a poster child for this mess! I'd do it too, but they'd have to cover my face or disguise me and voice, change my name. In my business none of my customers would want to do business with me. It's okay to be a wacky artist, but I'm known as a successful business woman. What a shallow world we live in these days! Maybe after I'm put thru the wringer, thrown under the bus, I'll be become a spiritual advisor and sell juju dolls(only for good, no evil), on the beach! I've gotta keep a sense of humor, or I'd just lay down and die! LOL...... The banks/ federal reserve need to be lined up in front of a firing squad! Hey I wish Florida still had Ol' Sparky, I'd even watch 'em fry! I know that sounds bad, but if they could walk in people's shoes that's been effected in this mess, just maybe they'd show mercy! I'll keep you posted on what happens, if you'd like to know. I'd give you more info to answer more questions. Thanks, Karla

Here is the link to the HUD information page re: predatory lending

http://www.hud.gov/offices/hsg/sfh/pred/predlend.c fm

I just wanted to ask you something. I know in BK they can't get your IRA, but what about your 401K or a whole/ universal life insurance policy?
Thx
Karla

I just answered that question for someone else, but i will have to look at the insurance, it may be exempt from the exemptions ( which is what you want) i will get back to you. I have to check the rules now. I practiced BK before the 2005 revisions, which are just a mess .

florida statute for IRA etc
ERISA-qualified benefits, and all tax exempt retirement funds including IRAs, Roth IRAs
Fla. Stat. Ann. § 222.21 (2)

Retirement savings or pension rights are the single most valuable asset of individuals filing bankruptcy; especially since our other "nest egg" ; our homes, have let us down.
two very distinct notions determine whether creditors and/ or bankruptcy trustees can seize the debtor's retirement assets:

Is the retirement fund property of the estate?
If the retirement fund is property of the estate, can it be exempted?
Property of the estate question was answered by SCOTUS
The Supreme Court held that retirement plans that have a legally enforceable "anti -alienation" clause (a provision preventing creditors from attaching the retirement funds of a debtor) are not part of the bankruptcy estate and thus are not subject to the jurisdiction of the bankruptcy court and cannot be seized to pay creditors.

Almost all pensions, 401K savings plans, that are qualified under ERISA, (the federal pension savings act) have that anti alienation clause that protects them from seizure by the BK trustee

BUT an exception to the rule is retirement plans that have only one participant, such as single employee corporate plans, and other plans originating in self employment. these plans may be property of the estate. They may be vulnerable to creditors unless subject to an exemption. Get expert professional advice (not your average cookie cutter BK attorney) if this describes an asset of yours.

Assets that are not property of the estate DON'T EVEN HAVE TO BE THE SUBJECT OF AN EXEMPTION these funds simply don't enter into the equation regardless of the size of the benefit. dON'T LET THE TRUSTEE OR EVEN YOUR OWN ATTORNEY INCLUDE THESE ASSETS AS AN EXENMPTION why? because you need that exemption for other property AND they are simply not part of the estate. "Don't let them say well we will just include the plan anyway"

and you may need your exemption for for retirement savings
When retirement savings are property of the estate, because they are not ERISA qualified, or because they are held in an IRA, they may be exempted from the estate under the available exemption statutes.

Property that is exempt is removed from the estate and is not liable for the payment of creditor claims. The exact scope of the exemption and how much value can be exempted depends on the language of the exemption selected.



Exemption expanded
Recent amendments to the Bankruptcy Code have created a federal exemption for IRA's and like retirement vehicles capped at $1 million, and made that exemption available in all states. § 522(n).

Also, the repayment of loans from 401(k) plans is expressly permitted in Chapter 13, a marked change for the better under the 2005 amendments. § 1322(f).

Hope this is good news for you! If you have thattype of assets,m do not shop for the cheapest BK attorney, find one that does corporate BK or other types of wealth

The below are Fl exemptions have UNLIMITED amiunts ( including the cash value of life insurance.

Annuity contract proceeds; does not include lottery winnings
In re Pizzi, 153 B.R. 357 (S.D. Fla. 1993)
Fla. Stat. Ann. § 222.14

Death benefits payable to a specific beneficiary, not the deceased's estate
Fla. Stat. Ann. § 222.13

Disability or illness benefits
Fla. Stat. Ann. § 222.18

Fraternal benefit society benefits
Fla. Stat. Ann. § 632.619

Life insurance cash surrender value
Fla. Stat. Ann. ? 222.14
NOW Fl residents are not allowed to take federal BK exemptions But one statute maybe applicable to you. Since you cannot use the fedral exemptions , and must use state., there are Federal Non-Bankruptcy Exemptions the federal non-bankruptcy exemptions that can only be used if the debtor opts to use the state property exemptions.(which you have to) you can exempt 75% of earned but unpaid wages [15 USC 1673]
Is this all clear as mud?