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I need help making a decision. BK or not?!

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Lurker22
Frequent Contributor

Re: I need help making a decision. BK or not?!


@heather06 wrote:

@MileHigh96 Thank you for sharing your story. It gives me hope in this dark season we are in right now. I am reaching out to some BK attorneys this week and praying for some more clarity. It's the unknown that is the scariest & our concerns are around how to manage with providing for our family & making ends meet. My husband under the impression that with BK - all our funds are tied up and we won't be able to provide for the children. For example - we use our annual tax refund to pay for extra-curricular activities for them - sports or clothes, shoes, etc. and he is concerned that won't be available and then we wouldn't be able to do that. That's how we have managed to pay for their extras as we only have enough to pay necessisites each month. We have a large household so the food, utility costs alone is just as much as our rent each month. And the utilities where we live are at an all time high so it's been a struggle with that & food inflation costs. Then pile on this astronomical cc debt and the burden gets heavier.   Your story of how you have managed to come out of this better gives me encouragement so Thank you for sharing it. I know I will have many  more questions as the days go on & I appreciate every person who so kindly responds/helps on this forum. It's gonna be a long journey but glad to know there is community and encouragement here. <3


it sounds like you're looking at a 13, if that's the case then you and your attorney will come up with a budget, make sure you discuss all of these expenses - the court/trustee do not want to deprive you, they understand the needs of a family - they just don't want you flying first class to hawaii and staying at the Ritz-Carlton for a month ... I'll tell you I had the same concerns you did but I actually had more $ to handle daily expenses and during my 13 I had vacations every year but it wasn't easy, I had to watch what I spent to save up for the vacations and life items did pop up as well (car needed tires etc)...so if you plan carefully you'll see no change in your lifestyle 

 

PS - in a 13 your lawyer gets paid FIRST before everyone else, so most will take a small up front payment and put the rest of their fee in the 13 plan

Message 11 of 21
heather06
New Contributor

Re: I need help making a decision. BK or not?!

@Lurker22 That info is so helpful! We only take one vacation a year with the children & we drive there (as we could never afford to fly with such a large family) & are only able to go because we have a relative who owns a house & lets us stay there for a week for free. We are able to do a huge Costco run and bring up our own food and then do only a few nights out to dinner in the town with the kids. We all cherish that one time a year and first thing my husband said when I mentioned BK was "There will be NO vacation & what will we tell the kids?" I know it hits him hard at a different level as he doesn't want to burden the kids with any money worries. This sheds some more light on what could be possible. Smiley Happy I know more clarity will come after speaking to some attorneys. I'm not working at all right now & my husband just lost his second job so not sure what parameters we will fall under Ch 7 or 13 - but we will see. The only major concerns I have is our keeping our cars & what happens if our landlord decides to sell (which he hasnt in 13 years we have been here - but you never know) & then we can't qualify for another house lease because of BK on report. Our lease is up soon so my husband usually renogatiates this time of year as we do a year-to-year lease. I know more answers will come after my consults. Again - thank you for ALL your insights! They are extremely helpful. Smiley Happy

Message 12 of 21
rosco75
Regular Contributor

Re: I need help making a decision. BK or not?!

Youve already got such great feedback thus far but I wanted to chime in with another data point, as someone who just did this. My BK will hit the 2 year post discharge date in July of this year. 2 years ago if you had asked me if I would have 5 credit cards and over 20k in available credit with a credit score just pushing 700 I would have laughed. 

 

I will say what most people on this forum I have seen say - I absolutely WISH that I had filed sooner. 100000%. 

 

I also firmly believe that you can qualify for a chapter 7, and if so , you should consider it. I filed for ch7 and was able to keep my truck loan. Basically you "reaffirm" your auto loan. You also can keep up to a certain dollar amount of other things. Your lawyer will explain all of this. Its not as bad as it seems. And with the help of this forum and the GREAT people here, you will have a tribe of people who can help you on your rebuild - just like they have all helped me and countless others. 


Message 13 of 21
heather06
New Contributor

Re: I need help making a decision. BK or not?!

@rosco75 Oh My Goodness! Each post brings tears to my eyes knowing that the future after BK is not so frightening. I will definitely have to share these posts with my husband after i speak to some attorneys and decide how we will move forward. Thank you so much for sharing your journey! It fills me with hope & reassurance that I am not crazy for thinking about filing.  I know one of the things that scares us most is we are older so thinking of a BK sitting on our reports for 10 years without the ability to get ahead would have us in our 60's :{ & we still have children that are young/need to graduate/go to college, etc. All these stories just show me what is possible. Smiley Happy Right now I'm looking at mounting debt & possible judgements and accrued interests and payments that seem like they will drown us & everyone sharing here makes me see some light at the end of a tunnel. I am filling out an online form now for a free consult with one firm. I will let you all know how it goes. Thank you again for sharing your story with me! <3

Message 14 of 21
NoMoreE46
Community Leader
Senior Contributor

Re: I need help making a decision. BK or not?!

The fact that the cc debt and auto loans are under your name only should be a good thing.  If You file  (say a Chapter 7) then the BK will be a big part of Your profile for up to 10 years.   However, the BK should Not affect husband's credit profile.  Check with the attorneys on this part and Good luck.

 

 

 

Message 15 of 21
Horseshoez
Senior Contributor

Re: I need help making a decision. BK or not?!


@heather06 wrote:

@rosco75 Oh My Goodness! Each post brings tears to my eyes knowing that the future after BK is not so frightening. I will definitely have to share these posts with my husband after i speak to some attorneys and decide how we will move forward. Thank you so much for sharing your journey! It fills me with hope & reassurance that I am not crazy for thinking about filing.  I know one of the things that scares us most is we are older so thinking of a BK sitting on our reports for 10 years without the ability to get ahead would have us in our 60's :{ & we still have children that are young/need to graduate/go to college, etc. All these stories just show me what is possible. Smiley Happy Right now I'm looking at mounting debt & possible judgements and accrued interests and payments that seem like they will drown us & everyone sharing here makes me see some light at the end of a tunnel. I am filling out an online form now for a free consult with one firm. I will let you all know how it goes. Thank you again for sharing your story with me! <3


I filed for my Chapter 13 when I was a few months shy of 58 and got my discharge just shy of 63, now three years after discharge I have a fairly sizeable 401(k), a new car, and my wife and I are looking at buying a new home later this summer.  Yes, there is life after bankruptcy.  Smiley Happy

Chapter 13:

  • Burned: AMEX, Chase, Citi, Wells Fargo, and South County Bank (now Bank of Southern California)
  • Filed: 26-Feb-2015
  • MoC: 01-Mar-2015
  • 1st Payment (posted): 23-Mar-2015
  • Last Payment (posted): 07-Feb-2020
  • Discharged: 04-Mar-2020
  • Closed: 23-Jun-2020

 

I categorically refuse to do AZEO!

In the proverbial sock drawer:
Message 16 of 21
heather06
New Contributor

Re: I need help making a decision. BK or not?!

@Horseshoez OMG! You are a RockStar! Smiley Happy Thank you for sharing that with me. I'm sure my husband will be reassured by that too (once I let him in on these posts after my consults). Smiley Wink  I'm breathing a little deeper today - thanks to all of you. <3

 

@NoMoreE46 Thank you for your insight about the possibility of it not hitting my husband's CR. I will definitely ask the attorney about it. That would be a HUGE relief if that could be true! Smiley Happy

Message 17 of 21
Rogue46
Established Contributor

Re: I need help making a decision. BK or not?!

Thank you for sharing your story, Filing isn't an easy decision by any means. For me it was more a shameful thing like I was admitting I was a  failure and with that I put it off until the very last minute but in reality all that did was compound the pain. The best thing I could do for my situation is file because I knew it would take years to pay down the debt and then what? My credit would still be ruined and I would still be starting over so what's the point?  Either way I knew I could either fold my hand and file or fight an uphill battle that I may or may not win. So for me it was an easy decision and I'm glad I did it. My debt was eliminated and I was able to start clean. Albeit it takes time to rebuild but at least you can do it without losing sleep worrying.





Message 18 of 21
Lurker22
Frequent Contributor

Re: I need help making a decision. BK or not?!


@heather06 wrote:

@rosco75 Oh My Goodness! Each post brings tears to my eyes knowing that the future after BK is not so frightening. I will definitely have to share these posts with my husband after i speak to some attorneys and decide how we will move forward. Thank you so much for sharing your journey! It fills me with hope & reassurance that I am not crazy for thinking about filing.  I know one of the things that scares us most is we are older so thinking of a BK sitting on our reports for 10 years without the ability to get ahead would have us in our 60's :{ & we still have children that are young/need to graduate/go to college, etc. All these stories just show me what is possible. Smiley Happy Right now I'm looking at mounting debt & possible judgements and accrued interests and payments that seem like they will drown us & everyone sharing here makes me see some light at the end of a tunnel. I am filling out an online form now for a free consult with one firm. I will let you all know how it goes. Thank you again for sharing your story with me! <3


as an older (53) person myself....before doing anything drastic talk to attorneys, do NOT touch any retirement funds until you talk to them - retirement funds are protected in bankruptcy (in my 13 I was permitted by my budget/court approved plan to continue funding for my retirement)

Message 19 of 21
Lurker22
Frequent Contributor

Re: I need help making a decision. BK or not?!


@Rogue46 wrote:

Thank you for sharing your story, Filing isn't an easy decision by any means. For me it was more a shameful thing like I was admitting I was a  failure and with that I put it off until the very last minute but in reality all that did was compound the pain. The best thing I could do for my situation is file because I knew it would take years to pay down the debt and then what? My credit would still be ruined and I would still be starting over so what's the point?  Either way I knew I could either fold my hand and file or fight an uphill battle that I may or may not win. So for me it was an easy decision and I'm glad I did it. My debt was eliminated and I was able to start clean. Albeit it takes time to rebuild but at least you can do it without losing sleep worrying.


exactly - as humans emotions enter into it...but how many companies (including financial instituations) have needed assistance over the years, why do we feel as though it'll effect us any differently than those companies?  It shouldn't and it doesn't but often we delay and delay until the house has already burned down around us and we're standing in ashes .... I'm glad Heather is working to find her path forward instead of putting her head in the sand as I did (doesn't mean I'm urging any one path, but recognizing the need to develop a plan is most important)

Message 20 of 21
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