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Is Bankruptcy Right For Me?? Please help

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Anonymous
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Is Bankruptcy Right For Me?? Please help

It's been over 4 years since I've paid my last bill. It was a tough time for me back then and I just had to cut myself away from all of it, but I'm finally ready to tackle it. I haven't had a job and have been living with my parents. I've had no income, no real expenses and absolutely no assets. I'm planning to move out of state soon and really I just want a fresh start without any of my past mistakes creeping back up on me.

 

I've checked my credit report for the first time ever. I got it from Experian and Transunion (Equifax wouldn't allow me to see it online and suggested I mail in a request). I found that a state tax lien was filed against me on 02/2008 in San Diego that is from a student loan that I've defaulted on (for just over 4k). The other adverse accounts reported are from credit cards, phone bills and additional student loans (which including the state tax lien adds up to around 22k in total debt). The address on my reports are my old San Diego address which I haven't lived in for over 3 years. I had no idea a state tax lien was being filed against me and no clue if any other suits or judgements have been filed either. Is there any way to find out?

 

I've been doing a lot of reading through these boards the last few days and realized that student loans do not get discharged in a bankruptcy. So I'd still be on the hook for my student loans even if I filed a chapter 7. After adding up all the totals of my student loans, including the state tax lien (which I assume won't be dischargable either), they add up to 11k, just about half of my total debt. 

 

As for the other half of my debts, the last payment I've made to any of them was in early 2005; I've been living in California where the SOL is 4 years. Is it right to assume that I'm clear from those debts? what if I move to a state with a longer SOL? will they be able to sue me in that state?

 

I'm aware that even if half of my debts are beyond the SOL, that these agencies can still and have been known to try and collect. I'm considering bankruptcy because I don't want to have to worry about them anymore after I move to another state, and with a state tax lien already being filed on my credit report, the addition of a bankruptcy couldn't hurt more, could it? I know they both last for 10 years. 

 

I've come to understand that a bankruptcy is a very important decision and I want to make sure it's right for me. A part of me feels like I should just move out of here and not worry about the debts that fall under the SOL and deal with them if they come up and just work on paying off the student loans. Another part of me feels like I shouldn't let the other half of my debts linger... but is an 11k debt spread out through several agencies worth a bankruptcy? I'd have to file it pro se because I barely have enough money to pay for the court fee of filing and the pre-filing/post-filling counseling courses; maybe I'm just better off using that money to help with my move out of state?

 

I'm very torn because I just want to do what's best for me. I'd appreciate anyone's advice. Thanks for you time.

 

Message 1 of 4
3 REPLIES 3
Anonymous
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Re: Is Bankruptcy Right For Me?? Please help

In all honesty the best piece of advice I can give you is to go talk to a Bankruptcy attorney. Most law firms offer free consultations and will be able to tell you right then what will / won't be dischargeable, whether you can file 7 or 13 and what the best next steps for you are. From there you can make an informed decission as to your financial future. Especially with you living in California who's laws and statutes are in their own little world compared to the rest of the US I would highly advise taking a free consultation from a BK attorney and go from there.

 

Edit:

 

When you go to the consultation make sure you take with you any statements, bills, collection letters as well as your credit reports to give them the best overall picture of your situation.

Message Edited by Acidsniper on 09-24-2009 06:54 AM
Message 2 of 4
Anonymous
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Re: Is Bankruptcy Right For Me?? Please help

You are right about filing bankruptcy being a big decision.  All I can tell you is that we tried everything to avoid BK, we did the credit counseling, tried renegotiating a payoff, the truth is, I don't know how many times I begged with a creditor to work with us.  Nothing worked.  We filed Chapter 7 bankruptcy in June, 2007, and was discharged in September, 2007.  We started getting a couple of small credit cards, which we have paid faithfully for over two years.  During this time, we have not made any other credit inquires.  Basically, we just pay our bills now, we have no problem, the stress relief has been so welcome.  It has now been 2 years since we filed, and our FICO credit score is 645.  We are going to just keep paying what little debt we have, so I know the scores will keep going up.  The only downside is that we included our home in the BK, so we have to wait another two years to qualify for a home loan. 

 

Everybody has to do what is best for them, but I feel so much better without all the worrying and stress.  It's amazing how fast 10 years can go.

 

Good Luck!

Message 3 of 4
Anonymous
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Re: Is Bankruptcy Right For Me?? Please help

I really appreciate your responses...

 

Acidsniper, I'll definitely check out those free consultations and I appreciate the edit at the end with the tip.

 

boo1895, I'm glad that things are looking up for you! I really do know what toll the stress of debts can be... definitely good to hear that things worked out for the best.  Thanks for your kind words..

 

Best wishes to you both!

 

Message 4 of 4
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