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How do you know when it is time to declare Chapter 7?

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kebeneezer88
Contributor

How do you know when it is time to declare Chapter 7?

Hi, just wondering how most people decided it was time to declare Chap 7? I know all situations are different, just needing some feedback.

 

I have been rebuilding myself last year. Scores are approx 585 to 630, with about 25 inquiries (10 are recent auto loan apps). I have done the usual suspects, Fingerhut, Express, all the SCT Comenity cards, Open Sky, Credit One, First Premiere, got approved for secured Cap 1 but haven't done deposit yet. 

 

My issues are I cannot get an apartment or car loan due to a NYS income tax lien for $2200 and an apartment/property management lien for $8K. It is not an eviction, I lost job in 2013 and moved out after I knew there was no way I could pay rent. So not officially evicted, but they stuck me for twice the amount of rent I actually owed, court costs, etc.  

 

I also had to do a title loan on my car, unfortunately, about a year ago for $900 that I absolutely had to have. I paid it for a year, moved out of state, but they found me six months later and now I have no car. I am wondering if that will somehow end up with a collection agency and will add to my woes. They said I owed $2200 to pay off but I know that will be jacked up as well. 

 

I make $63K. I am living in an extended stay hotel unfortunately paying $1900 per month. I am just wondering if I need to give up and start over or will that make it worse. I really need a car and to get an apartment. I tried all the bad credit auto financing and only one place would work with me, I think it might have been a scam, and payments would have been $350 per month for a car I didn't really want. 

 

 

Message 1 of 5
4 REPLIES 4
StartingOver10
Moderator Emerita

Re: How do you know when it is time to declare Chapter 7?


@kebeneezer88 wrote:

Hi, just wondering how most people decided it was time to declare Chap 7? I know all situations are different, just needing some feedback.

 

I have been rebuilding myself last year. Scores are approx 585 to 630, with about 25 inquiries (10 are recent auto loan apps). I have done the usual suspects, Fingerhut, Express, all the SCT Comenity cards, Open Sky, Credit One, First Premiere, got approved for secured Cap 1 but haven't done deposit yet. 

 

My issues are I cannot get an apartment or car loan due to a NYS income tax lien for $2200 and an apartment/property management lien for $8K. It is not an eviction, I lost job in 2013 and moved out after I knew there was no way I could pay rent. So not officially evicted, but they stuck me for twice the amount of rent I actually owed, court costs, etc.  

 

I also had to do a title loan on my car, unfortunately, about a year ago for $900 that I absolutely had to have. I paid it for a year, moved out of state, but they found me six months later and now I have no car. I am wondering if that will somehow end up with a collection agency and will add to my woes. They said I owed $2200 to pay off but I know that will be jacked up as well. 

 

I make $63K. I am living in an extended stay hotel unfortunately paying $1900 per month. I am just wondering if I need to give up and start over or will that make it worse. I really need a car and to get an apartment. I tried all the bad credit auto financing and only one place would work with me, I think it might have been a scam, and payments would have been $350 per month for a car I didn't really want. 

 

 


This is just my opinion only, based on what you posted.  

 

It looks like, with your income and current debt, that you would be able to work out this debt in fairly short order without filing Bk.  

 

If you work out a payment arrangement for the judgment and the tax lien, it will be much easier to rent a place.

In fact, it is easier to rent from a private individual rather than renting from an apartment complex anyway when you have credit issues.  I have found (I'm a Realtor) you can overcome rent reluctance with more money up front. In my area first, last and security deposit are typically required to rent a condo/townhome or single family home. Those with severe dings (and a judgment for unpaid rent is considered severe) put up another month or two (second month rent or so) to overcome that issue. Some put up 6 months of rent. It is all negotiable. 

 

As to getting a vehicle, consider a cheap cash car for now until you find a place to live reasonably and get some payments under your belt. It is very possible that the car you had repo'ed or the title loan people will go after you for a judgment. I don't know anything about title loans. Is there a description of their remedies in the contract you signed when you took out the loan?

Message 2 of 5
kebeneezer88
Contributor

Re: How do you know when it is time to declare Chapter 7?

Thanks for the thoughtful response. 

 

I don't know what is in the "contract" for the title loan. I know they auction the vehicle and then whatever is left over plus fees they will come after me for that amount. 

 

I am going to call them and hopefully get a copy of what is owed. 

 

On paper it does seem as if I could pay these things off, but paying that much in "rent" and factoring in transportation costs where I live for metro and bus, it ends up being another $300 a month, never mind things like cabs or Zipcar to run errands. I do agree that buying a cheap car is probably best bet and try to find an individual to rent to me. Just coming up with first and last month's rent is really difficult with no savings and payting that much each month. 

 

I applied for One Main, I know they are lenders who take bad credit for loans, but no luck. 

 

That is the reason I was just wondering if it might be better to start all over with no debt. 

Message 3 of 5
StartingOver10
Moderator Emerita

Re: How do you know when it is time to declare Chapter 7?

Do you have other debt?  I ask because your gross monthly is $5250 and the debt you mentioned is not significant, except for that temporary housing rent - $1900 is outrageous. 

 

Have you considered renting a room for a bit until you get some of these other items worked out?  Roommate type situation. I know it sounds like a step back, but it can be a good way to go for a few months. Better than $1900/month.

 

Also, are you paying too much for your withholding or some other deduction? Take a look at your paystub. You may need to adjust how much is being taken out for Uncle Sam. 

 

 

Message 4 of 5
kebeneezer88
Contributor

Re: How do you know when it is time to declare Chapter 7?

I have those credit cards I mentioned but I only have small balances on a couple. There are other old charges offs and such on my credit reports from three or four years ago, probably totaling maybe $1000. 

 

It is honestly the rent and just cost of living in the large city I am in. Also, I have two dogs so getting a roommate has been not something people are interested in when two of them are involved!

 

I actually don't think I have enough tax taken out, will probably owe unfortunately. 

Message 5 of 5
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