[pbharris4]

Originally Posted by snapple candy

pb, cant remember the how and why I posted that previously.

When you file for BK, you have to include all debts you want discharged on your schedules at the time of filing. I do not know if that can be amended along the way, this is something to talk to BK attorney about. Have you applied for your 2nd to be modified? It needs to be done separately from the first. Assuming your 2nd with Chase, it needs to be faxed to Loss Mitigation. If you are underwater, it maybe helpful to put HELOC in your BK. You have a lot of leverage if that is the case.

1st and HELOC are both Chase/Wamu owned. We did apply for both to be modified.

We are waiting to file because we want to see what CHase will do, but at some point probably in the next 3-4 months the credit cards may get a judgement for garnishment. We ARE underwater on the house by around $100K on the first.

I thought you could only include the HELOC in a CH11? We're doing CH7. If they don't give us a decent offer then the House & HELOC will go into the CH7 BK. I am just afraid that they'll give us a good modification, we'll reaffirm, file CH 7 and then they'll reneg on the modification and then we'd be screwed as you can only file CH7 once every 8 yrs.