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Might go ch7, health insurance dilemma

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Bkin2025maybe
New Member

Might go ch7, health insurance dilemma

Background:

Married two kids.

Income 85k

Wife just lost her job (was 35k)

Mortgage payment 3800/mo car 580/mo

 

Debt story. Lost my job in early 2023. 105K per year. Spent 10 months with no income then  six months at 60k. Currently at 85k but don’t anticipate it going higher in the next year or two. Had 30k CC debt prior to losing my job but was all at 0%. Things have gotten out of hand and now 120k CC debt all at high interest. Investigated credit counseling, credit consolidation, heloc, none of these working for us.

 

My wife recently lost her job (35k). Talked to an attorney, If she doesn’t go back to work we should easily qualify under the means test for ch7 in six months. Says it would be iffy to qualify currently. Getting through the 6 months can be challenging thoug. 

 

I probably have a bunch of questions I hope people here can help with. But the first one is about health insurance. My wife carried the health insurance for the family. Cobra wants $2700 a month to continue it which clearly we can’t do. My company has terrible insurance, I think it runs us like 1500 a month as a family. My wife was paying 300 and change.

 

Is it crazy to think that we just go without health insurance and pay stuff out of pocket?And if anything major Comes up can be included In our BK?  We do both have medication needed each month but nothing major health wise. Kids are healthy but they are kids and want to ensure they are protected.

 

Any other options?

Message 1 of 11
10 REPLIES 10
FicoMike0
Valued Contributor

Re: Might go ch7, health insurance dilemma

I don't see how you were making it with the wife's job. Maybe the county has something for children's insurance.

what are the mins on $120000 credit card debt, $4800?

 

Message 2 of 11
Bkin2025maybe
New Member

Re: Might go ch7, health insurance dilemma

I believe 3700 last month. I mean, I don't know  If I'd call it "Making it" but essentially we'd have 8500 in income after taxes each month, spent 3800 on mortgage, 400 on utilities, 600 on Car, and 3700 on credit card minimums. When I was first laid off That credit card minimum number was more like 450 a . Month Has gone up since. Then all other expenses, such as food, clothing, health, kids, expenses, etc.  get charged to the credit cards.

 

Not much of a fun life these days. That's why I'm investigating. BK

 

Message 3 of 11
IsambardPrince
Frequent Contributor

Re: Might go ch7, health insurance dilemma

I'd like to chime in and mention that this is literally why I never have had a mortgage.

 

Even if you gain significant equity, all that does is act like an insurance policy for your unsecured creditors, because the Trustee would have booted me out of my house, handed me $15,000 for it, and said go rent something, while he handed the rest of the equity over to credit cards, hospitals, and KIA.

 

My cousin thought that she was clever when she got life insurance money from her mom, and bought my grandmothers house, with a lot of problems. My grandmother blew the money at Macy's and then my cousin got to live in a house nobody had maintained for decades because my grandfather died in 1998 and my grandmother let everything go and was living on Toaster Strudles with extra frosting and Boost.

 

She ended up selling it, and losing over $12,000. When she got the money, she figured she'd boot the renters out of her other house, who had torn it up, fix the house, and pay off that mortgage. But then she worked herself into a jam and had to file Chapter 7 and then realized that all that equity is now a liability.

 

Some mortgage broker, who gets paid for making people broker and broker, decides how he can stuff people into a house that costs more than half what they make, when they don't even have enough savings for a down payment, then reality sets in that you can't accumulate wealth because you went for the house with no wealth.

 

There is an answer here and you won't like it.

 

Chapter 7 means your debt goes away, but almost everything is going to go back, unless you have almost no equity in your house, then you might keep it if you reaffirm the mortgage. But with no income, you won't keep it so unless you change that, you may as well get rid of the house too or you'll just end up with a bankruptcy, a foreclosure, and sued for a deficiency balance.

 

Both of you get fully employed pronto or tell the Trustee to liquidate EVERYTHING. 

 

Your car is probably a lost cause too.

 

If you can earn enough income to rent an apartment and drive a beater, and get the family on food stamps and Medicaid, that's the way forward that I'm seeing here.

 

I can't even imagine trying to save a $3800 a month house in this situation, which is why we pay $1050 a month to rent. We would keep our apartment for a year on about what you pay on your house in three months. I could hold out for years even if the income stopped tomorrow, but probably wouldn't have to because there'd be unemployment checks too.

 

If nothing opened up in time, I would do a tactical retreat and start living with family members and we could let our lease expire, without the home plunging us into bankruptcy again.

Message 4 of 11
IsambardPrince
Frequent Contributor

Re: Might go ch7, health insurance dilemma


@Bkin2025maybe wrote:

I believe 3700 last month. I mean, I don't know  If I'd call it "Making it" but essentially we'd have 8500 in income after taxes each month, spent 3800 on mortgage, 400 on utilities, 600 on Car, and 3700 on credit card minimums. When I was first laid off That credit card minimum number was more like 450 a . Month Has gone up since. Then all other expenses, such as food, clothing, health, kids, expenses, etc.  get charged to the credit cards.

 

Not much of a fun life these days. That's why I'm investigating. BK

 


So that means you had no 6 month emergency savings (because of the house and car payments) and so the credit cards started looking like free money and they turned out to be an evil genie that grants wishes and makes them all turn out horribly wrong.

 

Even if you get UI, that's the government. They try to block you from even qualifying for anything because they don't want to pay for it to begin with, then they make you waste time going to workshops when you should be pounding the pavement looking for work, and then after taxes you get $300-340 a week if you're lucky.

 

Plan your budget out for the worst case or this is what happens.

 

Times are hard and they're only getting worse. I don't even think six months is a good emergency fund. Ideally a couple years.

 

You can stretch the emergency fund by leveraging food pantries, food stamps, Medicaid/All Kids, and other things that have some measure of swallowing pride and going in there because you have a family.

Message 5 of 11
GreatLife
Regular Contributor

Re: Might go ch7, health insurance dilemma

Have you looked into the ACA coverage options for your state? In my state it's an easy online registration via DHS. They check eligibility for all federal programs then forward it to the state which checks for state level programs. Then a list is sent showing all of the likely eligible programs, including additional assistance options,including food/medical/dental/medicaid/child medical/etc. A lot of my coworkers use ACA for medical & dental instead of our employer sponsored plans because it's a lot cheaper, especially for the folks that have dependents.

Message 6 of 11
KR66
Valued Member

Re: Might go ch7, health insurance dilemma

Chapter 7 does not always mean losing your home and your vehicle. There are so many inaccuracies in that response that I won't bother going into details.

Chapter 7 exemption amounts(assets you can keep) vary from state to state. Get a free consultation with at least 2 different attorneys to find out what to expect.

Best of luck to you

K

Message 7 of 11
Bkin2025maybe
New Member

Re: Might go ch7, health insurance dilemma


@GreatLife wrote:

Have you looked into the ACA coverage options for your state? In my state it's an easy online registration via DHS. They check eligibility for all federal programs then forward it to the state which checks for state level programs. Then a list is sent showing all of the likely eligible programs, including additional assistance options,including food/medical/dental/medicaid/child medical/etc. A lot of my coworkers use ACA for medical & dental instead of our employer sponsored plans because it's a lot cheaper, especially for the folks that have dependents.


So yes, I saw family plans around $500/mo. It is an option. Appreciate that. 

Message 8 of 11
Bkin2025maybe
New Member

Re: Might go ch7, health insurance dilemma


@KR66 wrote:

Chapter 7 does not always mean losing your home and your vehicle. There are so many inaccuracies in that response that I won't bother going into details.

Chapter 7 exemption amounts(assets you can keep) vary from state to state. Get a free consultation with at least 2 different attorneys to find out what to expect.

Best of luck to you

K


Yeah, I'm not sure what that guy was on about. From what I understood it seemed like an agenda against homeownership and preaching about savings and moving in with family when things go wrong. We don't have any family to move in with so it doesn't apply to us.

As you mentioned, there are exemptions. I consulted with three attorneys and although one seemed much better than the other two, they all agree that we will keep our 200-250K in equity in our home Under chapter 7. So things could certainly be worse. If my wife goes back to work, we may be kicked into a ch13. So getting through the next six months is the biggest challenge at the moment.

 

 

Message 9 of 11
KR66
Valued Member

Re: Might go ch7, health insurance dilemma

You should be fine without health insurance. Any unanticipated medical debt you incur between now and then should be able to be included in the BK, but consult with your attorney to confirm.

Message 10 of 11
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