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Unsecured Debt & No Assets

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Anonymous
Not applicable

Unsecured Debt & No Assets

Right now I am in the process of working with an attorney, but wanted to see others opinions on it.   I currently have about $57k in total unsecured debt that was built up throughout the years, not including my student loans (which I know cant be included anyway).   I am attempting Chapter 7, but may be just above the means test, which is really frustrating considering it seems Chapter 13 is only worth it if you have assests and I have none.  I am on time with my bills, but just spinning my wheels to pay the minimums each month.  

 

I understand this is not legal advice, but if I can not get a Chapter 7, would it even be worth it to file for 13 in your opinion.  THe main reason I am looking to start fresh is I hope to get married and start a family soon.  With just barely being able to afford to support myself, it just seems BK may not be the best option, but in the long run will allow me some stability as I dont want to be paying off these bills until I am 60 (im 32 now).   Any comments or insight is appriciated. 

Message 1 of 5
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StartingOver10
Moderator Emerita

Re: Unsecured Debt & No Assets

Make sure you interview several Bk attorney's.

 

Also stay away from the 'BK mills' - those type of firms will throw you into a Ch 13 without even thinking about it (because they get a fee in the Ch 13 plus another fee if you can convert later to a Ch 7.  Usually in the mill type firms you have the noob attorney that is just learning the ropes too. it is more of a 'burn and churn' type operation. You can tell the mill type firms because they are the one's that advertise on bus benches and have a bunch of inexperienced attorney's roaming the halls ...lol.

 

Get recommendations for a good Bk attorney in your area. Interview several. Bring your info to the interview so you get accurate info in the interview. Believe it or not, as a general rule the small Bk firms with one or two attorney's and a great paralegal or two are the best firms to seek out. Check out their track record.

 

You actually can go to a couple of 341s if you want. You will know instantly which attorney's the trustee doesn't like - so stay away from them. OTOH, don't go to a firm that has trustee's to represent you because you are the debtor. You want an attorney that is accustomed to representing debtor's and not creditors. It makes a big difference.

 

Do some research on Bk 7 requirements and check out bkforum.com too so you have a good handle on what is involved and can ask the right questions.

 

PS I was way above the median income and was able to file and get a successful discharge in Bk 7.  I had to provide all of my documentation going back years though. It didn't bother me because I knew there was nothing there.  Don't be afraid to ask questions and learn the process.

Message 2 of 5
Anonymous
Not applicable

Re: Unsecured Debt & No Assets

Thank  you so much for your advice.   I did do my work and found one that was willing to work with me and today I filed for Chap 7.  Not the proudest moment in my life, but I am excited for the fresh start.   Now I just need to hope the trustee sees it the same way in a few weeks.   Thanks again!

Message 3 of 5
StartingOver10
Moderator Emerita

Re: Unsecured Debt & No Assets


@Anonymous wrote:

Thank  you so much for your advice.   I did do my work and found one that was willing to work with me and today I filed for Chap 7.  Not the proudest moment in my life, but I am excited for the fresh start.   Now I just need to hope the trustee sees it the same way in a few weeks.   Thanks again!


You're welcome!  I am so happy you found a good attorney that is willing to work with you. It is a business decision and you can recover. BTDT. I'm sure you will be fine with the trustee.

Message 4 of 5
0REDSOX7
Valued Contributor

Re: Unsecured Debt & No Assets

You'll know things are good or bad in a few days when you get your "Statement of Abuse" letter from the courts.

 

If the courts find the "Presumption of Abuse does not arise" - then things will be easier.  If the courts find that there is a presumption of abuse - then you may have some more challenges ahead of you.

 

Good luck!

BK Discharge 2/11/14

Currently in the garden.
Message 5 of 5
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