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Need Advice

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Anonymous
Not applicable

Need Advice

I'll try to make a long story short...

 

Due to a huge amount of dumb mistakes, living beyond our means, etc., we're now looking to the future.  We've changed our habits and are looking for a fresh start.  We've been to a Christian financial counselor, taken the Crown Financial Class, and feel that at 30 years old we have now learned from our mistakes.

 

Wife and I gross $105,000/yr.  Mortgage Payment is $2260 and about 4 months behind.  Balance is $318,000; house is worth about $250,000.  Everything else is current.  We have $38k in CC debt, $17.5k in auto loan debt, $3.5k personal/overdraft LOC debt, and $19.5k in student loan debt.  We also have a 3 year old daughter that we have to keep in daycare at $800/month.  Due to all this, we have been living on a shoestring budget and cannot make it.  I'm sure we'll be getting a notice of intent shortly...  We need to pay out about $800 more a month than we take in.  We've tried in earnest, but have gotten nowhere on our debt balances.  I'm at the end of the rope and have a meeting scheduled tomorrow with a bankruptcy attorney.

 

Any advice?  Is bankruptcy the right direction for our situation?  We do want to try to keep the house because we would not save much by renting living where we do.

Message 1 of 12
11 REPLIES 11
llecs
Moderator Emeritus

Re: Need Advice

If I was in that situation, I wouldn't file for BK. I'd tough it out by increasing my income and decreasing my expenses and by taking steps to revamp a budget to avoid living beyond my means. Financial stress is no fun and there are always options to out-earn and out save your budget woes.

 

First thing I would do is sit down with my spouse and would create a written budget. My first goal would be to cut my expenses. I would look at all past statements and figure out (and get sickened by) all the money I blew on stuff I never needed. I'm motivated by negative emotion and that would certainly get me going seeing stuff or junk around the house I wish I never purchased.

 

For expenses...

I would cut either my cell phone or my home and wouldn't carry both if needing to cut. If I chose either, then I'd look at the plan and see if I'm using all the minutes I'm paying for and make adjustments and cuts where necessary.

 

If I had cable, I'd cancel that if needed, or at a minimum cut certain services. If I didn't need the internet while at home and knew I could hit a hotspot somewhere or used it at work (ahem), then I'd cancel that too.

 

I'd look at any insurances I had (car, home, umbrella, etc. ) and cut back if I was overinsured.

 

If my utilities allowed for a budget plan, knowing that this summer would be more expensive for electricity, for example, then I'd get on that to help with the cash flow temporarily.

 

If I had any hobbies, I'd stop them, temporarily. That is a big drain on finances.

 

If I had any subscriptions to newpapers, magazines, internet subscriptions (even myFICO's ScoreWatch), I'd cancel them temporarily.

 

If I spent a lot on gas, I'd look at alternatives to cut costs like public transportation. Getting rid of one car can save $$$ on insurance and gas alone.

 

If I spent a lot on drycleaning (and I do), I'd consider doing it at home if your dryer supports it.

 

If I had any vacation plans, I'd put them on hold. My home is more important than Mickey Mouse, IMO.

 

I'd rebudget the way I purchased food (one of the bigger expenses when you have a family). I'd stop eating out and dine on vintage rice and beans and PB&Js.

 

I'd consider extreme couponing just to save a few. IMO, there's never any reason why you'd want 20 units of deoderant, but surely there are examples out there of folks paying pennies on the dollar for food.

 

I'd shop around for the better rate for utilities (if possible), for daycare, for telecommunications, for insurance and so on. Also, some companies will offer you $x off if you do biz with them or bundle products. I just got a $500 check back from Allstate because I bundled my insurance with them and my car insurance is $30 less per month. Not shabby.

 

Finally, look at each statement carefully. Look for fees or charges that were totally unneccesary. I just discovered a $5.95/mo charge on my Wachovia checking that was for a service I never even used. The small stuff adds up over time.

 

Then I'd focus on income.....

 

AFAIK, there are 4 ways to make money in this country and maybe you read this before. You can be employed, self-employed (e.g. a doctor, dentist, plumber, etc.), a business owner, or investor. Too often we focus on one aspect of the income stream and that's our job. Unfortunately when things happen like rightsizing, our whole life turns into an upheaval. Not only look at your job for income, but diversify like you would with investments. Consider a second job. Consider a third. Flipping hamburgers at McDonalds is not beneath me if it meant keeping my home or feeding my family. Mowing laws on the weekend is not beneath me. Delivering pizzas at night is not beneath me. In fact, a part-time-20hr/wk job at minimum wage can easily net you $600/month after taxes. Could $600 help? Would you take it if offered? Delivering pizzas can get you $1k+. Also, aside from a second or third job, consider a small business on the side. If you have a certain talent or ability, then pick up some side jobs that might work in tangent with your profession. You can trade business back and forth and genreate extra income too. Also, be in business for yourself and offer to help your neighbors with their yard, snow removal (if in a cold climate), weeding, etc. My yard is a mess right now and if someone came by right now to offer to mow, I'd pay them $40 in a heartbeat.

 

Takes steps to get more back on your paycheck. If you got a tax refund last year (or this), you overpaid your taxes and gave a free loan to the government. Stop that. If your 1040 showed $15,000 in taxes paid for example, and got a $2000 refund, then go to your employer and redo the Form W-4 to create a fixed deduction vs. claiming one dependent, 2, 3, etc. If $15k was paid, as an example, then take the $15k and divde into that the number of paydays per year (52, 26, 24, 12, etc.), and make that your fixed IRS deduction for federal withholding. If you did get a refund, divide that into 12 months and you can see your monthly savings. Do the exact same thing for state...Also, if you are paying anything into your check like life insurance, 401(k), or other savings, then cancel them temporarily to get more on your check.

 

If you have any assets, then sell them off (except for IRAs or 401(k)s). Liquidate any savings. Consider only one car and sell the other to pay down debt. Look around your house and if there's junk that's collecting dust, then sell it. Make Ebay or Craigslist your friend. Get rid of old furniture, toys, clothes, etc. Get rid of any jewelry, paintings, antiques, etc.

 

Finally, consider trading services with family and friends. You might have a talent that you are good at and your friends  and neighbors might have another. For example, I'm decent at accounting. I'll consult, for free, with certain friends and they in exchange will help me with stuff around the house I don't know how to do or don't want to do (e.g. car repairs, handyman services, lawn work, etc.). I don't pay a dime and neither do they, but we'll scratch each other's back to save $$$.

 

Let's say you don't have a computer, internet services, phone services, utilities, or anything that you can save on...if it came to crunch time, I would do whatever it takes to save the home. Ignore today's home prices. They go up and down all the time...it's cyclical. It'll go up again and it'll go back down again. It'll go up for sure in the coming year or two. No doubt. Don't wind up homeless. I would rank everything from what I need to what I don't need and work off those priorities. IMO, CCs would be first to go if I didn't increase my income and decrease my expenses. I'd rather have a herd of COs on my report than a BK or foreclosure. They won't sue tomorrow. THey might not sue at all, but you'd buy yourself some time (years I bet). Then I'd dump the car and let them take it if I had no other alternatives. I would never entertain BK or a foreclosure. A BK would cost you thousands, would eliminate any chance of home ownership for a long while, and you'd likely loose your car anyway.

 

ETA....cut up your CCs today.

 

Message 2 of 12
Anonymous
Not applicable

Re: Need Advice

+1000 on every point

 

and I really really like the term rightsizing Smiley Tongue

 

 

Message 3 of 12
Anonymous
Not applicable

Re: Need Advice

I appreciate the advice, but my greatest concern is the 4 months that we are behind on our mortgage.  I do not want to go into foreclosure, but the $9k needed to get caught back up seems insurmountable to us.  I already contacted BOA and they would not do a modification due to the constraints in our budget presently.  Considering asking our church for help...  I will be getting a second job, already in the works..

Message 4 of 12
Anonymous
Not applicable

Re: Need Advice

I assume you're looking at a chapter 13 BK in order to prevent foreclosure on your home?

Your BK attorney will be able to give you information to help you make the decision that is right for you.

Doing a little homework before your attorney's appointment will help you make the most of your meeting.

Be mindful going in that CH 13 is a very very very tight budget to follow - most folks do not complete their 13's.  It'll take a lot of blood, sweat and tears to complete but if you tough it out and work it hard, it will land you on far more solid ground than you're currently on.

 

USCourts.gov has a site with helpful CH 13 information including the following:

 

"Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time. Another advantage of chapter 13 is that it allows individuals to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 plan. Doing this may lower the payments. Chapter 13 also has a special provision that protects third parties who are liable with the debtor on "consumer debts." This provision may protect co-signers. Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection."

 

Hope that's helpful.

 

edited for clarity and for quotation marks

Message 5 of 12
Anonymous
Not applicable

Re: Need Advice

Yes, the chapter 13 is what we're considering.  Preventing foreclosure is the goal.  Would a ch 13 allow me to save money for an emergency fund since credit would no longer be accessible nor desired?

Message 6 of 12
Anonymous
Not applicable

Re: Need Advice

Unless things have changed, you can keep $1,000 of your total income tax return each year, (the remainder goes to the trustee to pay your debts).  That could be appropriately set aside in an emergency fund.

 

In order for that to work, it's key to have enough withheld from your paycheck to receive a refund each year.  Your BK attorney and your trustee will be looking at your past paycheck stubs, so they would notice any change you might make in deductions as you prepare to file.

 

Additional employment is also a great source for funding an emergency fund as you move forward.

 

OP, what do you currently have in savings?

Message 7 of 12
Anonymous
Not applicable

Re: Need Advice

We have about $280 in a savings account, thats it.  :-/

Message 8 of 12
Anonymous
Not applicable

Re: Need Advice

That's about $250 more than we had.  Smiley Wink

 

I think you're in a good spot, relatively speaking.  It's just a matter of wrapping your mind around where you are and how you are going to choose to rebuild.

You are both employed.

You make a great six figure income.

By all reports, you are all healthy.

You're a young couple with a young child - IMO that's far easier than when you/they're older and you are in a financial predicament.  Really.  But I digress...

 

Seemingly, and according to several of your own posts, the difficulty you find yourself in is the result of  overconsumption.  That's not always the case - some folks find themselves unemployed, underemployed, straddled with medical bills, other bad things that happen to good people.  The fact that you are willing to change your patterns of consumption and have learned the proper steps to budgeting and being financially competent is the key that will help you succeed.  In your original post, you stated:

 

"Due to a huge amount of dumb mistakes, living beyond our means, etc., we're now looking to the future.  We've changed our habits and are looking for a fresh start.  We've been to a Christian financial counselor, taken the Crown Financial Class, and feel that at 30 years old we have now learned from our mistakes."

 

Now, as you tackle rebuilding, whether through BK or other means - remember the folks that are currently rebuilding from this week's overwhelming weather catastrophes, and you'll find the courage to tackle this "project."

 

If you choose CH 13 BK, it will force you into a very real and very new budgeting mode.  It will allow you to "do" the things you have book learned.  Those skills will serve you well for the remainder of your lifetime.  I hope you go into your meeting tomorrow armed with good questions, a desire to do whatever you can do to best serve and provide for your family, and the humility and courage to come out on top.

 

I wish you the very, very best as you move forward.

 

 

 

Message 9 of 12
Gunslinger4u
Valued Member

Re: Need Advice

You owe $318k on a house that's only worth $250k, and you WANT to keep it?   Why?    Sorry, but that seems like one more bad financial mistake to me.   IMO, you are perfect candidates for a ch.7.   No debt at the other end.... clean slate.....     Lenders falling all over themselves to give you loans....         That's what happened to my twin brother years ago anyway....

Message 10 of 12
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