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Filing Bankruptcy For The First Time...Questions.

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Anonymous
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Filing Bankruptcy For The First Time...Questions.

Long story short from a combination of debt left over from a failed relationship and some poor financial decisions on my part I believe bankruptcy to be my only option. At the moment I have a little over 30-40k in unseccured debt totaling a little over 2200/month. Montly I make a little over 1700.00. Recently I have been making ends meet picking up extra work but this often leaves me working 70+ hours a week and for the past 1.5 years I really havn't been able to drop more than 5k of the debt at the most. My biggest question here is with filing chapter 7 what do I stand to lose? I have a car that is financed with Chase Bank that I would like to exclude from the filing but I do not really have any assets apart from the normal electronics (TV Xbox ect) and some furniture. I understand this is not a set in stone deal per say but what would a trustee try to take if anything? At this point I am worried about losing the little amount of things I have.

Message 1 of 9
8 REPLIES 8
Anonymous
Not applicable

Re: Filing Bankruptcy For The First Time...Questions.

As far as the car goes, you cannot exclude it from your fililng -- you must list all debts and assets. Then you apply the approriate bankruptcy exemptions available for your state. For example, if your vehicle is worth $10,000 and you owe $6,000, then you have $4,000 worth of equity that you will need to exempt. If you have no equity this is a non-issue.

 

Aside from exemptions, you will also need to state what you want to do with the car if you have an auto loan: You can either reaffirm the loan, redeem the car for it's fair market value, surrender the car (walk away from it), or in some cases you can retain the car if you continue to pay, but still receive a discharge on the loan.

 

As far as what you have to lose with filing bankruptcy: You will have a BK on your credit report for 10 years, will not be able to obtain a conventional mortgage for at least 4 years (or an FHA mortgage for 2 years), and will have difficulty obtaining credit at low rates for the first two years or so. You do have other options, though, such as a debt management plan through a credit counseling agency. I estimate that on $40k of unsecured debt, you could get a payment plan around $800 per month. 

 

If you haven't already, you should discuss your situation with 2-3 bankruptcy attorneys. I also recommend reading "How to File Chapter 7 Bankruptcy" by Stephen Elias. Whenever you make the decsision to file, stop paying your unsecured debt.

 

 

 

 

Message 2 of 9
Anonymous
Not applicable

Re: Filing Bankruptcy For The First Time...Questions.

I would want to keep the vehicle for sure as it's my only form of transportation currently. I understand the need to speak to a lawyer and the obvious credit hit I am going to take. I was more so worried about what "assets" I could potentially lose due to this I guess is my question. Is everything I own subject to be taken? (TV couch ect?) Really new to this so I just want to make sure I have touched all my bases before going too deep.

 

Message 3 of 9
Dalmus
Valued Contributor

Re: Filing Bankruptcy For The First Time...Questions.


@Anonymous wrote:

I would want to keep the vehicle for sure as it's my only form of transportation currently. I understand the need to speak to a lawyer and the obvious credit hit I am going to take. I was more so worried about what "assets" I could potentially lose due to this I guess is my question. Is everything I own subject to be taken? (TV couch ect?) Really new to this so I just want to make sure I have touched all my bases before going too deep.

 


 It really depends on your state.  In most states, you can either claim the Federal exemptions or the State exemptions in a BK7.   For example, in Wisconsin, you get a $12,000 personal property exemption, which covers most people's household furnishings, unless you have a valuable collection of Jewelry or Beanie Babies or something of the sort.  You ALSO have a motor vehicle exemption of $4,000 that you can apply towards whatever equity you have in your car.  You can also add the unused portion of the personal property examption to your car if you need to.

 

 As I said, each state is VERY different.  You'll want to research the exemptions available for your own state and, as you already know, consult an actual BK attorney.  Most offer a free initial consultation.

 

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Current FICO 8 Scores: EQ: 828| TU: 805 | EX: 814


Message 4 of 9
Anonymous
Not applicable

Re: Filing Bankruptcy For The First Time...Questions.

I appreciate all of the information. I spoke to a lawyer and read up on my state (TN). Apparently there is an 11k allotment for personal items which isnt an issue as I don't have near half that. The only thing he was worried about is going to be an outstand Sprint account. Recently I purchased phones under their lease plan and have been paying the bill on time. However most recently I was forced to sell the phones in order to pay other bills.. Really nervous for the 341 meeting although I don't have a set date yet..

Message 5 of 9
Kb109
Frequent Contributor

Re: Filing Bankruptcy For The First Time...Questions.

Hi there! I'm in a similar position as you and filed Chapter 7 three days ago. I see you're concerned about your car. Whether or not your trustee will try to take it depends on its worth (and how much you owe on it), are your payments current? What do you plan to do with the car?, And most importantly...what state you live in and what their exemption amounts are. Happy to hear you spoke to a bankruptcy attorney! They are best fit to answer these types of questions. I live in Ohio and am able to keep my home, car, and all electronics and furniture because they fall within my state's exemptions. Nolo.com is an excellent resource for bankruptcy stuff, but please ask your attorney! Best of luck to you! Keep us updated! Smiley Happy


@Anonymous wrote:

Long story short from a combination of debt left over from a failed relationship and some poor financial decisions on my part I believe bankruptcy to be my only option. At the moment I have a little over 30-40k in unseccured debt totaling a little over 2200/month. Montly I make a little over 1700.00. Recently I have been making ends meet picking up extra work but this often leaves me working 70+ hours a week and for the past 1.5 years I really havn't been able to drop more than 5k of the debt at the most. My biggest question here is with filing chapter 7 what do I stand to lose? I have a car that is financed with Chase Bank that I would like to exclude from the filing but I do not really have any assets apart from the normal electronics (TV Xbox ect) and some furniture. I understand this is not a set in stone deal per say but what would a trustee try to take if anything? At this point I am worried about losing the little amount of things I have.

 

Filed Ch7: 6/21/17
Discharged: 10/03/17
Current FICO8 Scores as of 2/10/2019: EX 651, TU 678, EQ 679
My Cards: 1FBUSA $2,900 (survived BK7 and is my oldest account!), Fingerhut $1,100, CreditOne $900, Ollo Rewards $2,500, LendUp Arrow card $2,000, CapitalOne Platinum $3,000. GARDENING FOR THE NEXT TWO YEARS!
Message 6 of 9
Kb109
Frequent Contributor

Re: Filing Bankruptcy For The First Time...Questions.

Deleted due to duplicate post. My phone is drunk. 

Filed Ch7: 6/21/17
Discharged: 10/03/17
Current FICO8 Scores as of 2/10/2019: EX 651, TU 678, EQ 679
My Cards: 1FBUSA $2,900 (survived BK7 and is my oldest account!), Fingerhut $1,100, CreditOne $900, Ollo Rewards $2,500, LendUp Arrow card $2,000, CapitalOne Platinum $3,000. GARDENING FOR THE NEXT TWO YEARS!
Message 7 of 9
Kb109
Frequent Contributor

Re: Filing Bankruptcy For The First Time...Questions.

Oh and the other posters are correct...your car must be included in your filing. Everyone you owe ANY money to must be included when you file bankruptcy.  My car is paid off and I even had to list it as an asset. 

Filed Ch7: 6/21/17
Discharged: 10/03/17
Current FICO8 Scores as of 2/10/2019: EX 651, TU 678, EQ 679
My Cards: 1FBUSA $2,900 (survived BK7 and is my oldest account!), Fingerhut $1,100, CreditOne $900, Ollo Rewards $2,500, LendUp Arrow card $2,000, CapitalOne Platinum $3,000. GARDENING FOR THE NEXT TWO YEARS!
Message 8 of 9
Anonymous
Not applicable

Re: Filing Bankruptcy For The First Time...Questions.

When we filied in 2015 I was worried about our vehichles and the house and our wedding rings, but our lawyer explained to us that they cant leave you without a vehicle to work with.  Maybe that's not your states law, but according to ours its a law in Michigan.  We did have to list everything, but we reaffirmed our house.  We didn't reaffirm the car, but its a lease and we are still paying on it.  It's through GM Financial.  They stopped reporting to the CRA's and as long as we pay every month until we turn it in in January they wont try to take it away.  Also they didn't take anything away from us.  Not sure if any of that info helps or not. 

Message 9 of 9
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