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I plan to file chapter 13 next year around March 2011. I feel that bankruptcy is a good option for me because I have so much debt, I need to reorganize my finances, and I think I will qualify to cram down my auto loan which will save me a lot of money. What I am concerned about is my ability to save money while in a bankruptcy. Do I have to give the bankruptcy trustee everything I have in my savings and would I have to give up my income tax refund next year. I am expecting a very large refund and I would like to put it into my retirement account. I did plan to use some of it to pay down my debts but I would like to save a nice portion of it for the future. I live in Georgia and I heard that our state is stingy when it comes to exemptions. Im not even sure what will qualify for an exemption. Any advice or input would be helpful.
@shalane85 wrote:I plan to file chapter 13 next year around March 2011. I feel that bankruptcy is a good option for me because I have so much debt, I need to reorganize my finances, and I think I will qualify to cram down my auto loan which will save me a lot of money. What I am concerned about is my ability to save money while in a bankruptcy. Do I have to give the bankruptcy trustee everything I have in my savings and would I have to give up my income tax refund next year. I am expecting a very large refund and I would like to put it into my retirement account. I did plan to use some of it to pay down my debts but I would like to save a nice portion of it for the future. I live in Georgia and I heard that our state is stingy when it comes to exemptions. Im not even sure what will qualify for an exemption. Any advice or input would be helpful.
How about using your large tax refund to pay your debts in March 2011 rather than filing BK?
There are many possible ways to reorganize your finances - including debt snowballing, which comes in many flavors - one of which may work well for you.
In response to your tax refund question, you are allowed to keep $1,000 annually (helpful for an emergency fund) and the remainder, rightfully I might add, goes to the trustee and is dispersed to the creditors you're indebted to.
As usual beamME up has some excellent points. If you don't mind why don't you post as much financial information as you feel comfortable talking about. With more details you might just receive advice and suggestions that show you a way to avoid BK if at all possible.
From a BK years ago to:
EX - 9/09 pulled by lender 802
EQ - 7/06-663, 3/10-800
TU - 8/10-772
You can do the same thing with hard work
BeamMeup, I have considered all avenues other than filing bankruptcy. The "large refund" I will receive will only help me get caught up on my mortgage and that's about it. It will not put a dent into my huge mounting debt. My debt is overwhelming and I am running out of options.
Why ch 13 vs ch 7?
I still suggest you post the particulars of your financial situation and see what advice you can receive. It might well be that BK is your best option but without details no one can give you a truly informed opinion.
The knowledge on these forums is second to none.
From a BK years ago to:
EX - 9/09 pulled by lender 802
EQ - 7/06-663, 3/10-800
TU - 8/10-772
You can do the same thing with hard work
@shalane85 wrote:BeamMeup, I have considered all avenues other than filing bankruptcy. The "large refund" I will receive will only help me get caught up on my mortgage and that's about it. It will not put a dent into my huge mounting debt. My debt is overwhelming and I am running out of options.
Mmm. Confused. Your OP states: "I am expecting a very large refund and I would like to put it into my retirement account. I did plan to use some of it to pay down my debts but I would like to save a nice portion of it for the future."
Highly recommend you sit down with a BK attorney, lay your cards out on the table, make an informed decision and move forward appropriately. Best wishes.