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I am Considering Filing Chapter 7...help!

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Elexismc
Valued Member

I am Considering Filing Chapter 7...help!

Hello All,

I'm hoping for a little advice if possible. I have about 13k or so in credit card debt. I had my son last August, and unfortunately my job does not offer maternity leave(too small of a company) and I was out of work for 10 weeks. Our furnace went on the fritz(two times in about a month and a half) which required repairs, and because of that, we were burning through oil much more quickly than normal. I had to put all of these expenses on credit cards(repairs, day to day household expenses, oil fill ups etc). I know it was not the responsible thing to do, but they were things we needed. I own a house and a car(both still paying on). All of the credit cards, the house, and the car are in my name-my other half is not in a position to obtain credit because of problems in his past. I tried to get a home equity loan to pay everything off and just have the one payment a month but because everything is in my name, my dti is way too high. My scores are in the mid 650's right now and everything has been paid on time(no lates or anything) but I feel like I'm drowning with this credit card debt. I am considering Chapter 7 in order to clear this out and get a fresh start from a much better place financially(I'm paying around $500 in credit card minimums every month) without having this debt. Am I crazy for considering this? I spoke to a lawyer and he seems to think it's a good option for me considering how much this is overwhelming our budget every month and seeming to get nowhere. The stress of these bills is killing me. I hate to ruin my credit after working so hard to get it in the first place, but I don't know what else to do! Any help suggestions would be helpful!

Thanks!

Message 1 of 11
10 REPLIES 10
SoulMaster
Established Contributor

Re: I am Considering Filing Chapter 7...help!

I feel like I'm typing this over and over again... Smiley Indifferent

 

You're not bankrupt.

 

You have $13K in debt, which is a settled $4K in debt.  You hit a rough patch and didn't have a plan/emergency fund to get you through, but it's not the end of the world.  With everything current, you're actually in GREAT shape, even though it might not look that way.  

 

Look at it another way: Let's say you file BK on your $13K.  In 6 mo, you lose your job/insurance and have a heart attack.  Now, you have $500K in medical bills that you can't discharge and no one will hire you because of the debt you currently have and/or the BK on your record.  Do you really want to go through all that for a settled $4K worth of debt? (Note:  If you can PIF w/o settling, that is a MUCH better option despite the fact that it may take 1-2 years.  When you're done you'll have a 720-740 credit score and no BK)

 

What you need to do is go buy the book "Total Money Makeover" by Dave Ramsey.  It's like $20 or you can go borrow it from the library.  Read it twice then start living it...  When bankruptcy can be avoided, Dave's plan is phenomenal.  You might want to take a 2nd simple job to kick your debt-freedom into overdrive.  If you need more help avoiding the BK, feel free to ask!  We're here to help!

 

By the way: Of course the attorney tod you that BK is a good option: S/he doen't get paid unless you hire them.  Think about that for 2 seconds and it becomes really easy to disregard that garbage opinion.

 

Cheers and good luck!

 

-SM

 

P.S. Don't file BK. Smiley Happy

I am not an attorney and none of what I write should be construed as legal advice. For legal advice please consult an attorney.

Starting Score: ~470 preBK(8/2010)
Current Scores as of Late January 2016 All 700+. Last CR pull from a lender(housing) was mid-score 749.
Goal Score: 700+ - reached.
Message 2 of 11
09Lexie
Moderator Emerita

Re: I am Considering Filing Chapter 7...help!

I agree with SoulMaster....you are not bankrupt just overwhelmed with debt. I would start by targeting the lowest balances and paying them off first. You'll feel better and with the zero balances you can add their pyt to the next highest cc. Paying the highest first is usually the way to go but in your case, I think peace of mind is important too.

I've bee where you are and I jumped the gun and filed a 13 in 05. I ended up dismissing the case 6 mos later. Because it was dismissed and not discharged its on EQ for 10 yrs If I had actually thought it through, I wouldn't never filed.
Message 3 of 11
Elexismc
Valued Member

Re: I am Considering Filing Chapter 7...help!

thank you so much for your responses. I completely get what you're saying about the lawyer and trust me when I tell you that it makes me sick to even have to consider this! I have been looking for a second job, but with having a 10 month old at home and his father working until close to 8pm, hiring a sitter would almost negate the second job money. I originally had the plan of paying(and struggling!) the minimums until I got my income tax return and paying a good chunk of the balances off with that-but it seems close to impossible with the way things have been going. I'm still staying ahead of things, but barely. It is just so frustrating to feel like I will never see the end of this debt. 

Message 4 of 11
SoulMaster
Established Contributor

Re: I am Considering Filing Chapter 7...help!

There are jobs you can do from home even w/ your 10 mo old.  Call Center operator comes to mind.

 

This article is from like 3 weeks ago: http://www.huffingtonpost.com/2013/06/27/jobs-you-can-do-from-home_n_3505353.html

 

By the way, if you're expecting a large tax return, you're making one of the classic blunders of ALL time: "Never get a refund of more than $100."  (Right behind: "Never get involved in a land war in Asia" and "Never go in against a Sicilian when death is on the line").  

 

Let's say you're going to get $2400 back from uncle Sam.  You can adjust your witholdings (by filing a new W-4) and add an instant $200/mo to your budget.  So, bingo: we just solved your budget problems.  Go fix those witholdings, ASAP!  Proper witholdings will mean you owe or get back <$500 every year.  Anything else, you're literally wasting money.

 

-SM

 

P.S. Go buy that book anyway.

I am not an attorney and none of what I write should be construed as legal advice. For legal advice please consult an attorney.

Starting Score: ~470 preBK(8/2010)
Current Scores as of Late January 2016 All 700+. Last CR pull from a lender(housing) was mid-score 749.
Goal Score: 700+ - reached.
Message 5 of 11
Elexismc
Valued Member

Re: I am Considering Filing Chapter 7...help!

I'll definitely go look for the book....I think I'll go talk to the lawyer(since it's a free consultation) but I am strongly considering going with my original plan(and your suggestions) to just try to grind it out for the next year and try to take care of it myself. It seems impossible right now, but like you both said-it's a WAY better option than dinging my credit for ten years. Just so overwhelmed with everything at the moment I suppose. I have two dependents which is why I tend to get a decent return back(child tax credit). I guess I just need to start hammering away at these balances little by little and try not to lose my mind lol...I REALLY appreciate you both taking the time to respond to me and give me advice...it was helpful to hear(or read) someone else telling me what I knew to be true-just didn't seem feasible at the moment.

Message 6 of 11
grassfeeder
Frequent Contributor

Re: I am Considering Filing Chapter 7...help!

what SoulMaster has said x284920403.8

 

just an FYI - I settled my second morthgage of $17k for only $1,500 - pennies on the dollar.  These days, people want some over none.  Write those letters and start at offering 10% settlement and go from there....

Fico 8 Scores 5/1/22 :
799 EQ | 793 TU | 809 EX
Message 7 of 11
Elexismc
Valued Member

Re: I am Considering Filing Chapter 7...help!

I will definitely look into the settling...but-it would be WAY better to just pay them(as long as it's possible) since I am current on everything right now, correct?

Message 8 of 11
SoulMaster
Established Contributor

Re: I am Considering Filing Chapter 7...help!


@Elexismc wrote:

I'll definitely go look for the book....I think I'll go talk to the lawyer(since it's a free consultation) but I am strongly considering going with my original plan(and your suggestions) to just try to grind it out for the next year and try to take care of it myself. It seems impossible right now, but like you both said-it's a WAY better option than dinging my credit for ten years. Just so overwhelmed with everything at the moment I suppose. I have two dependents which is why I tend to get a decent return back(child tax credit). I guess I just need to start hammering away at these balances little by little and try not to lose my mind lol...I REALLY appreciate you both taking the time to respond to me and give me advice...it was helpful to hear(or read) someone else telling me what I knew to be true-just didn't seem feasible at the moment.


This, and mortgage interest should be accounted for when you fill out your W2 (It's just that nobody tells the middle class this, and they tend not to hire really-good accountants, who will tell you this in 10 seconds).  For example, a single guy who pays $40K in mortgage interest/year might be claiming 15 deductions, this is perfectly legal (and expected)

 

You're making a serious mistake if you're getting back money at the end of the year.  Up your deductions so your estimated tax paid:liabilty balances as close to zero as you can get it.  (Getting any kind of refund at all means you gave the IRS a tax-free loan).

 

Don't take my word for it: http://www.irs.gov/Individuals/IRS-Withholding-Calculator

******

If you are an employee, the Withholding Calculator can help you determine whether you need to give your employer a new  Form W-4Employee's Withholding Allowance Certificate to avoid having too much or too little Federal income tax withheld from your pay.

******

 

Emphasis on "too much" is mine.  You'll see that calculator actually accounts for the Child Credits to figure out your proper withholding.  The crappy one they include on the W-4 is designed to get people to over pay.

 

-SM

 

I am not an attorney and none of what I write should be construed as legal advice. For legal advice please consult an attorney.

Starting Score: ~470 preBK(8/2010)
Current Scores as of Late January 2016 All 700+. Last CR pull from a lender(housing) was mid-score 749.
Goal Score: 700+ - reached.
Message 9 of 11
SoulMaster
Established Contributor

Re: I am Considering Filing Chapter 7...help!


@Elexismc wrote:

I will definitely look into the settling...but-it would be WAY better to just pay them(as long as it's possible) since I am current on everything right now, correct?


Fix your taxes... then pay them in-full using the Snowball method (it's in the book).

 

-SM

I am not an attorney and none of what I write should be construed as legal advice. For legal advice please consult an attorney.

Starting Score: ~470 preBK(8/2010)
Current Scores as of Late January 2016 All 700+. Last CR pull from a lender(housing) was mid-score 749.
Goal Score: 700+ - reached.
Message 10 of 11
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