Any of you 13ers get jealous of the 7 filers?

[GoingUnderInNV]

The more I read here, the more I seem to get jealous! ;) The 7 filers are out of the woods in 60 days, and we're stuck in it for 5 years!

Any of you other 13ers get a little jealous, knowing that we'll still be in prison while these lucky 7ers are well past it and rebuilding their lives already?

[lrprn]

The more I read here, the more I seem to get jealous! ;) The 7 filers are out of the woods in 60 days, and we're stuck in it for 5 years!

Any of you other 13ers get a little jealous, knowing that we'll still be in prison while these lucky 7ers are well past it and rebuilding their lives already?

Sure, I get jealous. Thinking about our own 52 months before my husband and I can start rebuilding is tough, and at our ages - 55 and 61 - it isn't like we will have very long to rebuild when we're done either. Ch 7 would have given us 4 1/2 more years to sock away much-needed money for retirement....but that was not to be.

On the worst days, I just keep reminding myself that my husband and I made most of the financial decisions that forced us into bankruptcy. 52 months more of debtors prison is our price to pay for opening Pandora's bankruptcy box - at least there will be a mostly debt-free end to it. Most days that makes the long wait easier for me to bear. No sense wasting precious energy wishing for what isn't possible. And when the dust settles, I'm truly glad others here are getting their chance for a fresh start - ours will come eventually.

[Minnymouth]

For all you Chapter 13's......... Chapter 7 can have a "high price tag" attached to it also....... All assets over and above what law lets you keep are sold........ luxury items are sold............. and often property is "seized" by the Trustee for legal reasons ( happend to me)........ If you have a lot of equity in your home and it's not covered in exemptions, the Trustee will also sell it.....



Chapter 7 can be quick or drawn out (mine's been over 2 years)....

Many Chapter 7's can be just as devastating, if not more, than a Chapter 13.... I tired to do a Chapter 13 when they seized my home because of the the "unperfected title". I was not allowed too because the monthly payment to the Court was too high for my income..... So my home was seized and sold.

Count your blessing that you still get to keep everything you own.....in Chapter 13. I would have gladly did a Chapter 13 had I been able too........ to save my home.

[BassBoy]

I feel the 13'ers keep some of their dignity over us 7'ers. Not to mention, the greater damage done to our credit.

[CAB_44]

well.....I'm not so much jealous...
I know it can't be easy either way.....and as it has been said here that 7's get everything (mostly) taken away from them....
The only thing I wish I did was file BEFORE the laws changed....I probably still would be paying back in a 13, but it would've MAYBE been a little less.
But yes, I accept the responsibility of what I did and so it goes that I am going to pay back 100 % ... I am a little envious, and I think that's probably what GUINV means....jealous is a slightly stronger word, but yes, I wish that I could just slam on the brakes and give it all up and start over....wish it was that easy, but I know this...it doesn't matter what form of BK you're going through...it's just not easy...there is a trail of some kind of misery following close behind you...it's just not that easy, there are hardships to each and every BK, some a little more than others...(is what I'm seeing in this forum by posters)...it may seem easier for someone else, but their having to pay back 880.00 monthly or my 2300.00 monthly...doesn't matter....their income may not be as high as mine, but we still are rowing the same "hardship" boat....their income with 880. monthly is as hard as mine at 2300.00 is it's just a number thing......their income doesn't allow the 880. any easier than mine.......
It depressed me that I have 5 years to look at that, but the light at the end of the tunnel is that it STOPS all of the interest...and I WILL be DONE at FIVE YEARS TIME....but yes, I do wish that I could only go 36 months or
less....and chapter 7 it seems would be easier, but I know there would be definate sacrifices there as well....
Like lrprn said....about their ages....see their sacrifice is to me,
(and it is different to others in their situation)
their ages....I am only 45, Husband is 47, and we will be 50/52 when it's over for us....so their harship is their ages....less time to fix things for retirement...but I'm also certain of this.......at this late in my life, this will FORCE me to face up to my mistakes, and hopefully....at the hardship I face, I will NOT mkae the same mistakes I did that got me here.....it's made me grow up tremendously.......as I'm sure it has others.......
I can't imagine going through this again....although I clearly see it is possible, because there are posters here who have admitted they are going through it twice......that's depressing....but it's about choices....and unfortunately, we don't get to chose whether we get to do a 7 or a 13 .....we just have to deal with it......
Thanks GUINV for this thread, because it has made me realize I need to STOP wishing I could do a 7 ......dropping it for me and practicing what I preach are what is ahead for me now......
Blessings to everyone on their days ahead.......
CAB

[JusticeForAll]

None of it is fun! I started in a 13 and converted to a 7, so I've seen both sides of it.

IMHO, while Chapter 7 can be UGLY, at least at some point the bleeding stops (mine actually has not, but COME ON APRIL 2007). It just goes on and on and on in a 13

It was a relief when we converted, not to be under the thumb of Judge Judy anymore (our Chapter 13 Trustee LOOKED and ACTED exactly like Judge Judy )

[jane taylor]

Yikes!!! Judge Judy!!

Gosh, I think someone was reading my mind yesterday! Yes, I DO get a little jealous! While we've never been really good money managers, I have had 6 surgeries, two babies, husband has had major surgery (recently) and we've had three job losses in the past three years. Don't know many people that would've survived that!

If I let myself go there I will kick myself for not filing before the laws changed. We probably could have filed for Chapter 7 before we got behind on our mortgage.

Now we may be looking at selling our house and getting something more affordable. Or we may just try and stick it out and try to get out of this thing after 36 months!

Although I know we are better off now than we were pre-filing, I still would not wish this on my worst enemy even if I had one!

[GoingUnderInNV]

Thanks for responding, everyone! I just get a little stressed lately, and I seem to be reading a lot of negative stuff with my 341 rapidly approaching, so I'm really beginning to fear the whole "TopRamen diet" for the next five years. Yeah, I blame nobody for my predicament but myself: I made the decisions I made, and the Universe threw me a curve-ball with a job layoff that started the ball rolling. Guess I just needed to vent and to realize that I'm not alone in what's coming.

[CAB_44]

HEY GUINV~
I hear ya~ I haven't even filed yet, and I'm seeing the Ramen noodle thing.....
Chin up sweetie~ I will need your suppport here in a few weeks/months......
It's what lifes about~ those curve balls....I've had them swingin' my way too...we all do!
I'm glad that you are here~ you make it real!
I'm thinking about you today~
Take care!

EEEwwwwww...Judge Judy~

CAB

[anonymuse]

I'll be Ch 7 and god willing I'll be able to keep my house. I don't have enough disposable income to be in a Ch 13. Some Ch 13ers might find this hard to believe, I wanted a Ch 13 since I felt so guilty about not being able to pay my creditors anything.

Remember, every Ch 7 is unique and people get into this situation for a variety of reasons--divorce, medical debt, death in the family. So no one should really be feel resentment over someone's "advantage" of being in a Ch 7. We're all trying to get a fresh start--we've all got the same goal.

Instead of comparing Ch 7 to Ch 13, it might help to compare Ch 13 to not having the option of filing BK. With Ch 13, there is a light at the end of the tunnel in 3-5 years instead of being in debt for the possibly the rest of your life.

[aa06a47]

I really feel chapter 7 is better than a chapter 13 as far as giving a true fresh start. Neither are easy, but there are usually significant advantgages to those in a chapter 7 vs a chapter 13. Yeah, a 7 will stay on someone's credit for 10 years vs 7 for a 13, but who really cares. A wise chapter 7 will have a 5 year headstart on a chapter 13 filer in establishing credit and getting there scores up.

The entire premise that 5 year chapter 13 will keep people from filing bk is just indication of how out of touch our representatives are. 5 years is too long. I would even say 3 years is too long. Of course, the situation I was in, if it were not for bk, I would be broker 5 years from now than I will be in 5 years.

[bkbiker]

At least we still have choices in what chapter of bankruptcy one choices to file.

Chapter 7 in its simplest no asset form is quick and easy, giving one a fresh start fast.


Chapter 13 has its own advantages;

1. You get to keep everything you own

2. your creditors are less likely to challenged any debt at the 341 meeting

3. In voluntary 13 you can always have your case dismissed and be done with it at anytime.
4. Simply financial fraud is covered under chapter13; like say you overstated your income in applying for that credit card, the credit card company has little recourse.
5. Malicious destruction of property is allowed such as; you became very angry and destroyed your ex-spouses possessions and received a large legal judgment against you. This can be discharged in chapter 13
6. And your bankruptcy is only reported for 7 years v. 10years on your credit report. If your are in the position to pay all of your secured debt outside of your bankruptcy plan (car, house, other) that your credit score will improve thought-out your time in bankruptcy, and once you exit you will already have a high score.

[aa06a47]

At least we still have choices in what chapter of bankruptcy one choices to file.

Chapter 7 in its simplest no asset form is quick and easy, giving one a fresh start fast.


Chapter 13 has its own advantages;

1. You get to keep everything you own

2. your creditors are less likely to challenged any debt at the 341 meeting

3. In voluntary 13 you can always have your case dismissed and be done with it at anytime.
4. Simply financial fraud is covered under chapter13; like say you overstated your income in applying for that credit card, the credit card company has little recourse.
5. Malicious destruction of property is allowed such as; you became very angry and destroyed your ex-spouses possessions and received a large legal judgment against you. This can be discharged in chapter 13
6. And your bankruptcy is only reported for 7 years v. 10years on your credit report. If your are in the position to pay all of your secured debt outside of your bankruptcy plan (car, house, other) that your credit score will improve thought-out your time in bankruptcy, and once you exit you will already have a high score.

The new law pretty much imposes the same recourse on fraud as the old law. That was one of the advantages taken away in the new law. Secured debt, even paid outside of the plan, shows up as a closed account, so it really isn't helping the score (at least in my case, I have also disputed that and it still comes back the same). I also believe malicious destruction of property was taken away with the new law.

Most people get to keep everything they own in a chapter 7.

I think the only thing that stayed the same under the new law was the fact it is voluntary and that yes, you can walk away at anytime however you do get the penatly of having the bk on your record and still having the debt you owed before filing.

A big negative, instead of giving the trustee any inheritance you receive within 6 months of a chapter 7 filing, you have to give him any inheritance received in the 5 years your in the chapter 13.

Believe me, if you have a choice between 7 and 13, go 7.

[$$only4ever]

Everyone had good points that previously posted, but no matter whether you file Chapter 7 or Chapter 13, bankruptcy stinks. I think it is one of the more humiliating experiences that I have had and I am sure that everyone felt the same way that I did. It was definitely a low point in my life.

[miss puff]

well... I am probably one of the 7's that make you feel it's unfair. And so far in my case really it is. I am a no assett case, giving my house and vehicle back and everything gets wiped clean. I actually feel a little bit guilty about it. I racked up all that debt and just because I don't make as much as you, I don't have to pay any of it back. It's emotionally painful that I am losing my home that my children have been growing up in but once that is done, I can walk away. I don't have 5 years looming every paycheck. So on behalf of my 7, which was easy, I am sorry for all those who weren't so lucky and have that 5 year plan. My stress ends oh in about 26 days. You have to stress for a very long time. I don't blame you one little bit for being jealous.