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Should I file or get a 12k limit credit card?


Re: Should I file or get a 12k limit credit card?

I spent a minute or two thinking about you situation and how to respond. It is hard to say that which I think needs to be said, without being "mean", but...please know that none of us are trying to be mean. We're thinking about ways to get you whole so that you can enjoy being here on Earth! LOL. Man LOL Here's are my true thoughts. Sorry, again, if they appear rude:

  1. Yes, you are right: judgments are bad, and yes, they can come after your wages and your bank account, quite rudely, although that is more likely to happen for child-support than debts, but it might still happen.
  2. That car is far too expensive. Undoubtedly, you got a rotten interest rate (what did you get?), in addition to overpaying the actual price for it. The combination of those two things is giving you a car payment that is wildly out-of-line with your income. There are people who earn $100,000+/year who will refuse to go over $350/month for a car. [Yes, I know, you lost your much were you making before?]
  3. You like to "pay-as-you-go" and not think about the specifics of mathematics (interest, true meaning of APR).
  4. You like to get yourself out of debt by taking on even more debt.
  5. You like nice things (car that you cannot afford, even with other job, Victoria's Secret, etc.)

At first, looking at your situation, and reading what others wrote, I was hoping to find a way for you to avoid bankruptcy. But after getting a snack, I realized that it might be appropriate for you. Here's why:


You are not losing too much anyway by filing bankruptcy.


Let me explain:


Most people who struggle to avoid filing bankruptcy are trying to salvage something. Typically, it is their current good credit, or the 10-year future good credit that they will keept sorta clean if they do not. You do not have good credit. Your income does not allow you to tackle the debt that you have. And, if I may be frank (really sorry saying this....) a 10-year hit on you is not going to do much to make your life any worse than it is now. It might even make it better.  If you were 19, just coming out in the world, thinking about buying a house in a few years..maybe...but your name indicates that you are a bit older. This means that your current situation...putting out fires by starting new fires (payday loans) have been with you for at least a while. The only thing to gain by trying to put out those huge fires is self-control/awareness when it comes to finances. You can learn that without the debt, if you so choose. And it's going to take 2-3 years to learn that without goofing up, so....


The next message that I am about to write is the most important one of this entire message. Please heed it:


Bankruptcy or not, your head is not currently in the right place to be taking any types of debt (credit card, car loan, whatever). You should stop doing it the 1st chance you get.


And that is what worries me the most. It is my opinion that, for your particular case, bankruptcy is the answer. But based on everything that you wrote, after you "get clean", if I were a betting man, I would bet that it would be 1-3 years after Chapter 7 that you would be right back where you were. I hope you prove me wrong. That said, here is what I think is right for you:


  1. Find a smart friend. Find someone who knows what the time-value-of-money is. Print-out this message and give it to him/her if you have to. Ask that person to tend to you.
  2. File Chapter 7.
  3. Negotiate hardship reduction on student loans. (Do this in conjunction with filing of Chapter 7, perhaps before).

When you file Chapter 7, it will get rid of all that debt, execpt, of course, the student loans The repo man will stop trying to take the car, but you will have to surrender it. Then...get a bicycle!


When you are finished, the only thing left should be a fraction of the student loans. You should NOT have the vehicle that you want, in general. You cannot afford it, even without the debt. You should never enter a car dealership to negotiate the vehicle without your smart friend, if you decide to get a car anyway. You should never have more than 1 credit card, and it should have a low limit until you are comfortable with yourself and you understand how you got in this situation.


Your credit score will not change so much from the Chapter 7 hit. But at least you will be clean, and you can start over, with a friend!


Needless to say, even if it were possible, the worst thing you could do is get a 12K limit credit card.




Message 21 of 25
Regular Contributor

Re: Should I file or get a 12k limit credit card?

The fresh start and piece of mind you get from a Ch7 is without comparison. Being able to open your mail, answer the phone or door, not having to worry every minute of every day about debt, payments and the like was well worth it for me. 


People tend to get judgemental about filing Bankruptcy.  


My thoughts are, if you think is right for you, understand what is involved (  ) , you are not scamming anyone and you come away with a lesson learned, you are fine. 


The law and the Bankruptcy Courts are there for a reason. I've found there are as many dirt bags and scam artist on the Creditor side as there are on the Debtor side.  Calls late at night, unfounded and illegal threats. I took no great joy declaring bankruptcy, but didn't shed a tear for any of my creditors. My creditors wouldn't lift a finger to help me in any way. I'd still be spinning my wheels without Ch7.


Good luck. 


Ch 7 Discharged Jan 16; Credit Scores around 700 + or - 10 points or so (estimate haven't checked any real scores in a while)
Message 22 of 25
Established Contributor

Re: Should I file or get a 12k limit credit card?

If OP can't pay these debts, before bk, i would stop paying everything and see who files and comes after me.Some might, some might not. For cc debt, research arbitration.


I would not file preemptive bk now, Wait until you are sued and have judgments/garnishments. BK is nuke option not to be taken lightly.


Again, this is last resort option if none of the previous recommendations are viable.

Message 23 of 25
Valued Member

Re: Should I file or get a 12k limit credit card?

Update: I've decided that I really do not want to file bankruptcy. My question is, how much of an effect will a repossession have on my credit if I let my car go? I just got a second job that I think will help me get out of this hole, but I'm so upside down on my car I don't think it's worth it to keep.
Message 24 of 25
Frequent Contributor

Re: Should I file or get a 12k limit credit card?

a repo even voluntary will stay on your CR for 7 years + 6 mos. The bank/finance company has the right (and probably will) sell the car at auction and then come after you for the remaining balance of your turn another collections hit if you don't have the cash to settle up when that happens. The creditor also has the right to sue you for the remaining balance if they choose to. sorry it isn't better news (went thru this when daughter had a repo)

"Your past is the doorway to your future"

Dad's words of wisdom

Message 25 of 25
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