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Seeking advice

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thegrapelady
Contributor

Seeking advice

I am currently considering speaking with a bankruptcy attorney. Here is my situation:

 

I make 115K a year, steady income. My spouse was in school full time. We have two young children and live in an expensive area (not neighborhood, just the cost of living, housing prices, etc... are very expensive, but salaries are higher). As a result, I have racked up 65K in credit card debt just trying to make ends meat over the last 6 years. I also have 15K in loans, and am a co-signer for my spouses 40k private student loans. I had been able to make all payments up until last March, when my spouse became ill. I had to take over all other bills, payments, etc... I can't even come close to making all credit card and loan payments. Most are now 30-60 days late. My spouse will be unable to work for the next 6 months and I just don't see a light at the end of the tunnel. I am current on my mortgage, and plan to remain current. We own our car flat out, so no car payments, but it is getting older and I am sure we will sadly need to buy a newer car within the next few years. I wanted to see if anyone could offer any advice for a situation like this before consulting with an attorney? I am the first one to admit that buying groceries and gas, and paying for childcare with a credit card while my spouse was in school was a terrible idea, and it all adds up quickly. We cut cable years ago, don't eat out, have been selling any belongings worth any real value, are buying groceries at discount stores and sticking to the store brands, etc... I just don't know what to do next. I can hardly sleep or eat over this. I know I will likely not qualify for chapter 7 due to my income, and not sure if filing for chapter 13 would be best? Or trying to just work out payments with my individual creditors would be better? Thanks in advance!

Message 1 of 11
10 REPLIES 10
Anonymous
Not applicable

Re: Seeking advice

Talk to a few attorneys. You might not be ruled out of 7 solely due to your income living in a high cost area with two young children.  It all comes down to the means test.

 

$115k is just getting by in places like NYC/Northern New Jersey/CA/etc.

Message 2 of 11
Anonymous
Not applicable

Re: Seeking advice

Sell the house you can't afford and commute farther to work.. 

Message 3 of 11
thegrapelady
Contributor

Re: Seeking advice

Actually, the house is the one thing I can afford. We bought well within our means and as a result I commute by bus to save money over an hour away. If we were to sell our house we would be paying at least 3 times the cost of our mortgage to rent, and then would risk having to move every year because most rentals get sold here. We are in an area with extremely high rent. If the house were the issue I would have sold it earlier.

Message 4 of 11
AJR1
Contributor

Re: Seeking advice

Wow - Sounded just like my life - Wife was a nurse 2 income family - She got sick and a 2 family income became one income house with almost 192000 in bills/loans/cc - Filed Chapter 7 -- 3/14/2018

I kept my House (1860.00 month) and 2 Cars with payments of 319 and 423 - I come onto these boards to learn and read the success stories - Thank You 

Light at end of tunnel

Message 5 of 11
Anonymous
Not applicable

Re: Seeking advice

Research and find a recommended bankruptcy attorney. Don't go to an internet cheap attorney.

Go and explain everything.  Don't delay any further. 

Message 6 of 11
Anonymous
Not applicable

Re: Seeking advice

Forget working out payments directly.  You will waste more time.

Also, do you have loans etc with same institutions as your checking/savings accounts?

If so be careful there. Get your paychecks etc dep into a different or new account.

Message 7 of 11
thegrapelady
Contributor

Re: Seeking advice

Thanks Amicus! I do, but that credit card is current luckily, if I do end up going this route I will definitely do that. Thank you.

Message 8 of 11
Anonymous
Not applicable

Re: Seeking advice


@Anonymous wrote:

Forget working out payments directly.  You will waste more time.

Also, do you have loans etc with same institutions as your checking/savings accounts?

If so be careful there. Get your paychecks etc dep into a different or new account.


Very good advice.  As has been recommended speak with several good attorneys. Keeping one account current while letting others go is not acceptable when filing a BK, and could lead to your accounts being used to cover the debt without notice. Again please consult with an attorney regarding this, legally permissible asset protection is a critical part of of a BK.

Message 9 of 11
Anonymous
Not applicable

Re: Seeking advice

I would not rule out ch7 as you may very well qualify. My income is similar to yours and i have 2 dependents as well. I was able to qualify with no problem. If an attorney tells you no, get several opinions not just one and don't go cheap because you will need a good one.

 

 

Message 10 of 11
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