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Think im going to just file. :(

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Anonymous
Not applicable

Re: Think im going to just file. :(

I wouldn't hold what you said against you. Your answer was a bit more in depth and what if needed to read..... I have an appointment with my attorney today I think today will be decision day.

Message 21 of 39
Fox342
New Contributor

Re: Think im going to just file. :(

I do agree that the indecision is probably weighing on you a lot.  I haven't been through BK or medical collections or any of that so I won't give you advice on that.  But I do think once you make a decision and go full speed ahead with the recovery process....regardless of which path you use...you'll feel better.  No matter the issue, indecision weighs on us...I do know that from experience in various matters.

 

And with all these questions and scenarios about credit scores and reports and who can get what loans, etc...remember...credit reports and scores do not take one very important thing into consideration that lenders do take into consideration when issuing loans...income and sometimes assets.  Someone with a 200k a year income versus someone with a 25k a year income will see big differences in loan approvals...because they have different abilities to pay back the loans.  Just something to remember.

 

I know this is a very difficult decision for you.  I do applaud you for not taking this decision lightly as so many do when filing BK.  Personally I agree that we need BK laws because some situations call for it....but I do think BK should be more difficut to get...I see too many people file that really shouldn't be.  And I'm definitely not talking about the OP here.

 

Good luck!!

Fox

"The borrower is slave to the lender."
(EQ: 820) (TU: 827) (EX: 815)
Message 22 of 39
jkjklkjkl
Contributor

Re: Think im going to just file. :(


@Anonymous wrote:

I wouldn't hold what you said against you. Your answer was a bit more in depth and what if needed to read..... I have an appointment with my attorney today I think today will be decision day.


Brachra, please know that I was not trying to be rude or abrasive with my response, or trying to steam roll you into a decision, it's just that sitting an not making a decision is not going to help your situation, and that's all that I was trying to stress. 

 

We all have to sit down and be honest with ourself about what we're willing to do and not do, and then go from there.  Filing BK does feel like a VERY big decision--I'm contemplating it, too, which is why I can't tell you to "just go ahead and file".  I've lived with both bad credit and contemplating BK, and neither is fun. 

 

In light of the fact that you don't have a problem with spending, I would lean more toward filing, so that you can move on with your life.  I, on the other hand, acquired debt last time, and this time, due to a lacking in my life, which led me to be lazy and not work and try and compensate for that lacking.  Thankfully, now that I'm so over my current lifestyle, I won't be doing this stupidity with credit, again; however, I still struggle with the decision to file BK.  

 

I wish you nothing but the best, and hope that you document what decision you make and the progress you make with either. 

Message 23 of 39
DE2TX
Established Member

Re: Think im going to just file. :(





@Anonymous wrote:

@krielly

Right, but now i just have a ton of Unpaid debt (no matter whether or not i can be sued for it).  Ive been working on removal too. hence why i have not filed BK yet, but BK still seems beneficial is all im saying.

 

and yeah, even the ones that are past SOL are still set to be reporting for a while. How long is a while though and what state are you in? The SOL on medical debt is usually 5 or 6 years since it is normally considered to be written debt. Once you file for BK7 you wil have that mark for 10 years and it usually takes 2-3 years to get your credit reestablished enough for major loans at competiive rates. Even if we assume your SOL is only 3 years (7 states) you are only going to have negative marks for an additional 4 yrs, but if you file for BK7 you will have negative marks for 4 yrs (collection accts. w/ $0 bal) and for 10 years.

 

I guess I just don't see what goal you are really wanting to accomplish here. Do you want to buy a house in year 2-3 post BK, but can't wait until year 4? Is the SOL on medical debt in your state ridiculously short (like 1 year) or does your state consider medical debt  something other than a contract? Also, is your medical bedt with a CA or the medical providers? I've had a lot of luck disputing debt that is with providers, but I think I have had a grand total of 3 accounts and not very large ones at that.

 



 

Message 24 of 39
gdale6
Moderator Emeritus

Re: Think im going to just file. :(

To clear up some erroneous info I have seen posted in this thread. The current BK laws for Chapter 7 is one can file for this every 8 years not 7 as being stated multiple times.

Message 25 of 39
Anonymous
Not applicable

Re: Think im going to just file. :(


@gdale6 wrote:

To clear up some erroneous info I have seen posted in this thread. The current BK laws for Chapter 7 is one can file for this every 8 years not 7 as being stated multiple times.


Really, I wasn't aware of that. As one of those that posted that erroneous information, I appreciate the correction. 

 

I'll have to reset my calendar reminder,

 

J/K, I don't expect to live long enough to do it again. 

Message 26 of 39
Anonymous
Not applicable

Re: Think im going to just file. :(

@DE2TX

To sum it up, yes as the SOL has passed on a lot of them, some are still kind of newish, (some). also the bank accounts things. all the little overdrafts and all the other things i screwed up on. And from every Credit provider ive spoken to recently, most of them have agreed with me that the amount of collections is what is makign it look so bad, yes BK will still show a bunch of 0 balance things but it will also show that i had to do it, and then made good choices afterwards. the most annoying thing i hear on the phone is "Well youve got all these collections, are you going to pay them? or sorry we just cant help you with all this and that bla bla.....

 

At this point its come down to this

 

File BK. have the mark for 10years struggle to reubild and not owe the debt (Yes ive tried disputing many of these) now im getting up-to-date reportings on me. also effectively clearing my Chexsystems report allowing me to get a Normal-person bank account instead of one of these "we feel bad for you" kind.

 

Dont file BK. struggle and not be able to get anything done anyway, still owe the debt,  and make VIRTUALLY no progress towards building my credit history (I dont know if i said the part about the last bit of time of failed attempts to even BEGIN to fix all of this

Its a lose-lose, the non BK way will drop off over the course of the next 7 years. with a large sum of them in the 2-3 year range.  also all my debt is with CA's. 

It has been said that it can be easier to rebuild from a BK than trying to fix all of this up. regardless, all of these will take a lot of my time...its just so many small things and such and im taking the easyish way out. i weighed the pros and cons for a very long time now and its just what feels would be the best approach. 

 

Buying a house was a future goal. definitely not 2 years out (i would like the option to be there though). but if i dont file BK its DEFINITELY not going to be an option. hell at this point i cant rent cars, buy a car, get a cellphone (Yes i get denied cellphones), get a bank account, get any sort of loan at all. or anything really. living on a cash only basis is not how i want it to be. and basically the general opinion that ive gotten is BK is a somewhat fresh start. albeit a difficult and sometimes bad one (especially subject to being judged now by opinionated people). it should still allow me to fix it a little easier to some extent.

 

Message 27 of 39
DE2TX
Established Member

Re: Think im going to just file. :(


@Anonymous wrote:

@DE2TX

To sum it up, yes as the SOL has passed on a lot of them, some are still kind of newish, (some). also the bank accounts things. all the little overdrafts and all the other things i screwed up on. And from every Credit provider ive spoken to recently, most of them have agreed with me that the amount of collections is what is makign it look so bad, yes BK will still show a bunch of 0 balance things but it will also show that i had to do it, and then made good choices afterwards. the most annoying thing i hear on the phone is "Well youve got all these collections, are you going to pay them? or sorry we just cant help you with all this and that bla bla.....

 

At this point its come down to this

 

File BK. have the mark for 10years struggle to reubild and not owe the debt (Yes ive tried disputing many of these) now im getting up-to-date reportings on me. also effectively clearing my Chexsystems report allowing me to get a Normal-person bank account instead of one of these "we feel bad for you" kind.

 

Dont file BK. struggle and not be able to get anything done anyway, still owe the debt,  and make VIRTUALLY no progress towards building my credit history (I dont know if i said the part about the last bit of time of failed attempts to even BEGIN to fix all of this

Its a lose-lose, the non BK way will drop off over the course of the next 7 years. with a large sum of them in the 2-3 year range.  also all my debt is with CA's. 

It has been said that it can be easier to rebuild from a BK than trying to fix all of this up. regardless, all of these will take a lot of my time...its just so many small things and such and im taking the easyish way out. i weighed the pros and cons for a very long time now and its just what feels would be the best approach. 

 

Buying a house was a future goal. definitely not 2 years out (i would like the option to be there though). but if i dont file BK its DEFINITELY not going to be an option. hell at this point i cant rent cars, buy a car, get a cellphone (Yes i get denied cellphones), get a bank account, get any sort of loan at all. or anything really. living on a cash only basis is not how i want it to be. and basically the general opinion that ive gotten is BK is a somewhat fresh start. albeit a difficult and sometimes bad one (especially subject to being judged now by opinionated people). it should still allow me to fix it a little easier to some extent.

 


That's rough. Most lenders will be wary of extending credit while you have the active collections, but most will also be wary of extending you credit while there is a BK on file. So this is why you need to decide what is important to you, what your goals are, and what you need/want to do. Once you file for BK you can exclude AMEX, Chase, CITI, BoA, and to some extent Discover from granting you credit. Another reason your goals are important is if you need a car loan in the near future. You can get a car loan immediately after BK7 if you are willing to pay the interest, but if the collections are showing a balance you might not be able to get a car loan at any interest rate.

 

Chexsystems might still hurt you even if there is a $0 balance, but they can only report you for 5 years.

 

The reason I asked how long ago these collections were from is because if they are still within the SOL you might have to file suit anyway and the Date of First Default will determine how long they can stay on your CR. If the majority are set to come off in the next 2-3 years then you would only have 2-3 years of rough living left, but you coujld still get secured credit to help with building credit in the interim*. If they will hurt you for the next 7 years then BK7 isn't such a bad option.

 

Read up on the BK7 to 700 thread so that you know what you need to do to rebuild from BK7.

Message 28 of 39
Anonymous
Not applicable

Re: Think im going to just file. :(

Ugh, you saying that sends me back into Rethinking my decision mode 

 

lol

 

ARRGHHH!!!! DANG YOU FINANCES AND FUTURE DECISIONS

Message 29 of 39
Imperfectfuture
Super Contributor

Re: Think im going to just file. :(

I had a job loss, which resulted in a few charge offs, a repo that ended up being illegal, and medical debt that went through 2012. I started just living on cash with my PayPal debit card. The time frame was almost all defaults occurred 1/2008.

In May 2013, watched suze orman show, and got secured card with my credit union, I disputed a few things, they came back updated. I was considered judgement proof, otherwise I was considering bankruptcy in 2011/2012.

Did some research, found out dispute process not so good with e oscar system. Also discovered those medical debts showed up within three months of billing, since third party biller's find it cheaper just to send to collections, they get a split. Also found out the car repo was illegal (though they like to still try and haunt me, am tracking for a future lawsuit if necessary).

That being said, had early exclusion of some baddies off TU. When I broke my foot in June 2014, had plenty of time to work on credit. I qualified for charity care (the same program as your state) from 2008 on.

Now, because of Obama Care, states are required to back date charity care from the time of application. You can apply now, and have it backdated. Also, ancillary services (ambulance, labs, physicians bills etc) must comply. This is especially true if you went to a facility that accepts Medicaid and/or medicare. Since most facilities do, it's considered accepting government funds, and they have to give charity care.

I called my main hospital group that refused two years ago, and had them back date the charity care, they admitted that policies had changed, and dates were from 2010, 2011. Would have fall end off in 2017. Once you get that backdated, ask to pull from collection agency. Give it few weeks, call collection agency, make sure they are pulling from credit report.

Now, for the sticklers. You need to just show that you had or were at any time eligible for charity care. If they bring up the fight from the past, ask for new application (though some were able to find it in the system). Anyone at 200% poverty line (google, around 24k take home 2014 for single) is eligible for 100% write off.

Get supervisors. They may find paperwork in the system. This will take a lot of work, and you want to google whychat hipaa process. Do a LOT of study re charity care for your state. I didn't have to do any letter writing, all was handled over the phone. One bill was over 1209 (not properly billed to insurance, their mistake, I automatically don't owe).

With diligence, and a lot of arguments from a couple of collection agencies (if one agency is collecting multiple debts, they cannot use commercial law to insist you pay all or none), I removed medical collections scheduled to fall off through 2019. You can see the scores in my sig, and my cards.

Building credit while cleaning your reports is the double whammy. If there are any collections not removable via hipaa (utilities, cable, etc) only pay if they will delete. Don't call the cell or cable company, the front line csr's are not able to handle this, but will say anything.

Two years is not that long to wait. The none medical did not finish until January 2015 (one company violated the reporting act). But it was worth the wait. And I am in with Chase, Barclays and Amex. No BK.

Good luck. And if you go this route, the rebuilding forum has all the info to help. Get your filing fee back from lawyer.
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Message 30 of 39
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