Bankruptcy Questions...

Electric Amish

Elite Member
Oct 11, 1999
23,578
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Well, I see the lawyer tomorrow. :)

I know there are a few lawyers here and a few people that have bankruptcy experience, so I was just trying to get a sense of what I'm facing.

What's the difference between Chap. 7/13?
Do I lose all my earthly posessions?
My vehicles?
My big screen TV?
All my credit cards?
etc.

Any info is appreciated.

Thanks!

amish
 

Emulex

Diamond Member
Jan 28, 2001
9,759
1
71
chapter 13 is a way to reorganize your debt and pay it back at a lower interest rate. You pay every cent back, and will live on a budget, all credit cards must be surrendered and killed (unless you want to hide some out). Expect to have bad credit for 10 years AFTER you pay off the last payment to all the debtors.

They will take your budget, and your debts and arrange it so you can live off ramen, keep your car (1), and house (1).

Chapter 7 is where your debt is discharged, (you dont pay it back at all). Basically they will sell everything you own, you get to keep bare essentials (a car, your clothes). But everything else, to be sold or returned. This will stay on your credit for 10 years past your discharge.

You will be marked for this long as a bad creditor, and will probably not be able to finance squat for the duration of such period without paying loan shark interest rates..

think long and hard before doing it.

 

Electric Amish

Elite Member
Oct 11, 1999
23,578
1
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No, skywhr. That's not the problem. My wife has been unable to work for the past 3 months due to her Cervicogenic headaches. THAT is the reason we have come to this.

btw- I paid cash for the TV. :p

amish
 

FettsBabe

Diamond Member
Oct 21, 1999
3,708
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0
Have you called a non-profit company, such as GENUS, to help you contact your creditors and get you lower interest rates? They take out the payment for the creditors once a month. In other words you can cut your credit card payments in half (or almost half). Something to consider.
 

FettsBabe

Diamond Member
Oct 21, 1999
3,708
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Oh it a credit management company. They do not give loans they reorganize your debts.
 

Emulex

Diamond Member
Jan 28, 2001
9,759
1
71
Suggest: Sell any questionable amenities (ie second puter, big tv ) to a friend or relative for buyback later.

Or give the stuff to a relative to hold. Do this before you consult the lawyer and begin proceedings or it will look bad.

Basically hide your sh*t legally (sale for $1) or they may sell it for you :)

 

kranky

Elite Member
Oct 9, 1999
21,020
156
106
Amish, I am sorry to see that you are at this point. I had really hoped you guys could have found an answer. But bankruptcy is there for cases like yours. It's no fault of your own.

I wish you the best under the circumstances, and hope that a fresh start will do you good.
 

skywhr

Diamond Member
Oct 30, 2000
3,866
1
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Sorry to hear about your wifes condition, what are Cervicogenic headaches?

I know nothing about bankruptcy, a friend of mine did the credit helper service where they lower everything but thats about all I can tell you. That doesnt seem to improve your situation...
 

Tauren

Diamond Member
Jan 30, 2001
3,880
1
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I'm sorry this is happening to you. You appear to be a very nice person. Try for Chapter 13, if you can. I wish you and the Mrs. the best of luck. Keep us informed.

(p.s. - hide the computer.)
 

kassy

Guest
Sep 13, 2000
1,603
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EA - I hope everything works out for you and your lady. Best wishes for a brighter future.

 

skywhr

Diamond Member
Oct 30, 2000
3,866
1
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Types of Bankruptcy
There are two types of bankruptcy available to most people, Chapter 7 and Chapter 13.

Chapter 7
Chapter 7 bankruptcy is referred to as "straight bankruptcy" or "liquidation," because the debtor's unprotected assets are converted to cash and
disbursed to the debtor's creditors to repay part of the debt owed.

Any person, partnership and most corporations can file Chapter 7.

Chapter 13
Chapter 13 bankruptcy affords the debtor the opportunity to repay all or part of his debts over an extended time period. This plan requires that the
debtor have a consistent income to make future payments for the duration of the plan.

Chapter 13 is designed for consumers who need relief from their creditors and collection activity to reorganize their debts and devise a plan to repay
them.

The debtor is allowed to keep all of his assets, including those not exempt and not mortgaged.
Both types of bankruptcy may get rid of debts where creditors have no specific rights to property, and may stop foreclosures, repossessions,
garnishments, utility shut-offs and debt collection activities.

filing
Overview
 

Azraele

Elite Member
Nov 5, 2000
16,524
29
91
I'm sorry to hear that Amish. :(

Perhaps you could check around to see if there's any help/compensation to be had for situations where one is unable to work due to cronic pain...or any help to be had at all.
 

ratkil

Platinum Member
Jan 12, 2000
2,117
0
76
Why do you hear about people having basically little or no hit on credit after doing this, and others that a screwed for life (10 years) what makes the difference?
 

Emulex

Diamond Member
Jan 28, 2001
9,759
1
71
i suggest visiting board.creditnet.com the folks there are well versed in the aspects of this topic. You will be able to ask others who have been there before, what to expect, and how to handle issues.

well worth the time to talk over there.
 

Tauren

Diamond Member
Jan 30, 2001
3,880
1
0
AE - Look into the 'American's with disabilities act'. Maybe you can get help because of your wife's condition.
 

Zwingle

Golden Member
Jan 1, 2001
1,925
0
0
Amish....My wife and I filed Chap 13 4 years ago....I was discharged last October...Chap 13 is the way to go...you lose all your cards and bills to go with them. It's amazing to see how nice collectors get when you tell them to contact my lawyer, i am filing bk. Anyway, if you file Chap 13, they lawyer gives you a budget sheet from the court, where you list all your household expense minus loans and credit cards, i.e. newspaper, cable, daycare, food, lunches, electricty, telephone, internet service, clothing cost per month, dry cleaning, mag subs, anything else that you can think of to keep living a normal life. What happens, at least in Chap 13, they look at your total monthlies and see what you have in disposable income, and that becomes you bk payment. So, in short, if you increase some of these numbers by a few dollars, you can make your bk payment and still have a few dollars to spare. You do not have to hide anything if you file Chap 13, unless you have some stocks or bonds you do not want to sell. I sold mine to my mother before I filed....Disney, IBM and such, not alot, but I didn't want to sell them. In Chap 13, nothing is taken from you, unless the judge says so, which is rare. I had just bought 2 month prior to filing a big screen from IncredibleUniverse (remember them anyone?) and made 2 payments....can you say free TV? I had also just gotten a consolidation loan from Commercial Credit for 5k, we had asked for 25k. If we had gotten the 25k, we would not have had to file bk, but anyway they got 3 payments from me and the loan was killed by the bk. Anyway, please feel free to ask me anything else, I know laws have changed since mine, but I may be able to help find the answers.

And BTW, I started reestablishing my credit while under bk plan. You are NOT supposed to aplly for credit while under bk without court approval, Providian Credit offered me a card with no credit check, they hounded me for months, I finally gave in with 2 years left on my BK, but be careful, the court could throw you bk out if you get busted. I now have over 25k in available credit with them. Between the wife and I, we now have decent credit, 2 new cars and a new house and we are only 1 year out of bankruptcy. Yes it does hurt your credit, but not as much you think. It is more of an ego thing. And also, here in Texas, you must attend a mandatory Credit counseling class after filing. They teach you how to manage your money and such.