EMERGENCY - Chapter 13 Filing

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EMERGENCY - Chapter 13 Filing

This is a picture of me and my parents as their new home was being built in 2001.  They were always sweethearts; married in 1948.  Mom considered this her “dream home.”  As a retired commercial construction superintendent, my Dad designed it especially for Mom.  It was built on property that has been in Dad’s family for over 100 years.  There was an old homeplace in that spot originally, where he was born and lived with his parents.  The property still has the barn and other outbuildings used by my Grandfather Shull for his small farm, which was his livelihood. 

It was my parents’ desire to remain in their “dream home” until they passed; no long-term care.  I promised them both and we discussed it often as they wanted reassurance.  My Dad would laugh (before the Alzheimer’s took over) and say that he was staying at home no matter what, and that his next stop would be the cemetery down the street.  In 2007, I moved in with my parents’ because my father’s health had begun to decline after a couple strokes and the diagnosis of Alzheimer’s.  Mom and I cared for him as his disease progressed and he passed at home on December 11, 2009.  Mom/Dad had been married 61 years.  Mom was completely heartbroken. 

Mom was never the same after Dad left for Heaven.  Her health had never been perfect, but she declined rather rapidly after his passing.  She suffered with uncontrolled diabetes, high blood pressure, congestive heart failure, COPD, and numerous other ailments.  She took a minimum of 20 medications several times a day.  We began as roommates, but as the years progressed, my role became caretaker.  Mom was in and out of the hospital and short-term care nursing homes many times, which increased in frequency over the years.  Following each hospitalization, she required closer attention and care when she returned home.  She required continuous oxygen and other special pulmonary equipment.  She required 6 shots of 2 different types of insulin per day and close monitoring of her glucose/blood sugar.  I managed to honor her wishes and keep her at home, with the assistance of hospice care at the end of her life.  Mom passed away on May 17, 2017, in her “dream home.” 

Although challenging as caregiving can be, I felt honored to have been able to care for my parents those 10 years, in their home, as they wished.  They had, after all, cared for my brother and me, and loved us unconditionally.  They had done so much for me, and for my brother and his family.  Throughout these 10 years, I also managed to work full-time from home as a medical transcriptionist, and after my father passed, Mom and I put our funds together in order to survive.  You see, my parents were not rich, but they had a small amount of money in savings.  My father did not have a huge amount of medical bills as he really did not live long after his diagnosis.  However, my mother incurred extensive medical bills and we found very little assistance available.  Their savings dwindled quickly.  She did not qualify for various programs because of her “dream home,” which she refused to sell or leave.  The three of us had made a promise.  I had only the utmost love and commitment to my parents.  I respected their wishes.  I was determined that they would remain in the comfort of their home. 

By 2014, my parents’ savings was depleted.  Mom and I struggled to “make ends meet” to pay bills, all of her medical expenses, buy a few groceries, and try to handle those “unplanned” bill emergencies that arise.  There is a very detailed story of our ups and downs, which I have chronicled in a blog, referenced below. 

Basically, my parents had  "paid in full" the building of their “dream home” from monies received from the sale of property left by my Dad’s parents.  In 2004, their banker convinced them to sign for what I consider a predatory loan.  They thought it was a reverse mortgage; it was a home equity loan/line of credit.  In 2014, payments were not able to be made on this “loan,” and the bank threatened foreclosure. 

My mother was so frightened and upset about the situation and feared she was going to be evicted from her “dream home.”  We tried so many things to stay above water.  We sold family heirlooms, our jewelry, guns, coins, etc.  We had garage sales every weekend for months.  When we had exhausted these ideas, we finally had to file Chapter 13 bankruptcy for Mom, in order to stop the foreclosure, and she could remain in the home.  She was also about to lose her car, so the bankruptcy saved it as well.   It is by far the saddest thing in the world to me that my Mom died bankrupt. 

It had been my Mom’s wish for me to inherit the house, car, and her belongings since I had lived with and cared for both she and Dad for 10 years.  I had/have no other home or vehicle.  Mom stopped driving soon after Dad’s death and I drove her wherever she needed to go.  We sold my old car and just kept hers, which was newer. 

A few months after Mom’s death, I received information from the US Bankruptcy Court that her case had been dismissed, which I misunderstood, and did nothing.  I did not realize that I was required to do anything.  The grief process for me was – and continues to be – a struggle.  I did not begin the Probate process right away because of my physical/mental health issues. 

On Christmas Eve 2017, I was served papers from the bank threatening foreclosure on the house!  I was shocked and mortified.  Mid-January 2018, the car was repossessed in the middle of the night!  Since that time, everything has been in turmoil.  I was informed by the attorney for the bank that if I paid off Mom’s loan in full ($60,000), it would be over and done.  I was informed by the attorney that if I paid the “reinstatement fee” (money in arrears plus numerous add-on charges, to the tune of $20,000), I could then take over payments of $400.  I was not able to borrow the money the traditional manner.  Basically, because of the way I had lived for the previous 10 years, I was told it was “like I had no credit.” Many avenues/ideas have been considered and/or offered by family/friends since January 2018.  Sadly, nothing has come to fruition. 

In May 2018, I attended a Master of Equity Hearing regarding the foreclosure of the home.  The Judge informed that the house would be sold at auction on July 2, 2018. 

Since May, I have considered all the options.  I know I could sell the house, but there’s so much history with love and memories.  It is not my first or favored choice.  I have been unable to secure monies for either of the options provided by the bank.  I had not wanted to file bankruptcy.  However, it seems that it might be the “last resort.”  This finally leads me to my request for funds.

I attended a free consultation with a local attorney specializing in bankruptcy.  She says we CAN still file a “bare-bones” Emergency Chapter 13 Bankruptcy at this late date.  HOWEVER, I do not have the funds that she requires IMMEDIATELY.  Part of her fees would be added into the Bankruptcy; the other part is required now.  What I need to provide the attorney immediately is $2000.  I also am required to obtain 1 years’ insurance policy on the house, which is estimated at $1500.  (The bank took over the insurance under the bankruptcy; it does not provide enough coverage for the home and is way too expensive.)  So, the least amount of funding I need as soon as possible is $3500. 

In order to make this work, if the bankruptcy can be filed (if I get the funds), I will be working many more hours and taking on a second job.  I am ready, willing, and able to take on my part to do this.  I want to save this home – but I need your help!  Please, please consider helping me make this happen. 

Thank you so much for taking the time to read my/our story.  If you can spare any money to assist me with this funding, I will be eternally grateful.  God Bless You, Every One. 

 Loveyameanit,

Di

https://steelmagnolialifeandtimes.wordpress.com/

Organizer

Diane Shull
Organizer
Lexington, SC
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