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    First time posting (Very long)

    Hello all,
    This is my first time posting, although I have been reading several times a day for at least the last year. I first want to say that this is the greatest source of wealth for anyone who has reached the end of their financial rope, and doesn't know where to turn for advice, since you are pretty much too ashamed to tell anyone about the mess you have gotten yourself into.
    By the time I found this forum I had already tried everything I could think of to get myself out of debt, including borrowing money from a lifelong friend, and finally signing up with a debt settlement company. After paying them almost $1500.00, I still wound up getting sued by Discover, so I figured out that that could have happened without their help, and I told them I no longer needed their services (such as they were).
    When I recieved the summons that I was being sued I knew I had to do something, so I printed off an answer to summons form, and went to the courthouse, and filed it requesting proof of the debt. I knew I owed it, but was trying to buy time. In the meantime I went to see an attorney, who informed me that I would have to file chapter 13. But since I had 9 other credit cards that I had not been paying on, and were probably going to sue me too, I figured cahpter 13 was a much better alternative. I probably would have filed right then, but the lawyer said I could just wait a while and see what happened. So. since my husband knew nothing about the extent of my credit card debt, I decided to wait.
    The next summons from the court for a hearing on my answer to the original summons was received by my husband, while I was at work. That is when I had to come clean with him about everything, and things were really shaky for a while, but in a funny way, I'm glad it happened that way, as I don't know that I would have had the courage to tell him. I didn't know what I was going to do. Anyways since I didn't really have any defense to the discover bill, I printed off a petition for installment payments, and went back down to the courthouse, and filed it, thus buying myself more time. I went to the hearing by myself, and told the judge I could pay $200 a month, discover wanted me to pay $500 a month. The judge was very nice, and could tell I was very nervous, and set the payments at $250 a month, so I have been paying that since last August.
    In the meantime Chase had taken one of my accounts to arbitration, and gotten a judgement, well I hadn't heard anything from them, and then I recieved another summons, that I was being sued by them, so I decided it was time to file. So I call the attorney I had talked to before, and he tells me, that the other attorney who was in his office is no longer working there, so he can not take any more cases at this time! GREAT!!! So I ask if he can recommend someone, and he gives me a name, that sounds familiar to me. I had seen this name when looking for an attorney, but had heard they were expensive so didn't go there. I call and get an appointment the next day.
    I LOVE HIM!!!!! It turns out this attorney used to work with me probably close to 20 years ago at the place where I am still employed. I told him I wanted to file a chapter 13, he went over my paystubs and my husbands and said "why do you want to file a chapter 13?" I said well that is what the other attorney said I would have to file, and he says we were only a couple thousand over the medien income, and the amount we were over was about what I had made at my partime job bartending trying to make a little extra money. So I say "I can quit!" So now I am just waiting to drop below the medien, so I can file. I had an appointment today, and it looks like I will be able to file chapter 7 after July 1st! Also from reading this forum I found out about tenants by entireity, which since the debt is all mine, the creditors couldn't take any of the excess equity in our house. I asked my attorney about this, and he said it is true. That was the one thing I was really worried about because we have at least 20,000 more equity than the allowable exemptions on property. I know I have a long way to go, but I am feeling so much better, and much less suicidal.

    I just wanted to post, and say THANK YOU TO ALL OF YOU WHO POST ON THIS EXCELLANT SITE FOR PEOPLE WHO DON'T KNOW WHERE TO GO, OR WHAT TO DO! YOU ARE ALL ANGELS!!!!!!!!



    Kathy
    Filed Chapter 7 - July 12, 2007
    341 meeting - Sept 10, 2007

    DISCHARGED - 12/05/2007

    #2
    Wonderful for you! As wonderful as it CAN be I suppose, given the situation.

    Congratulations on recovering some sanity and saving your marriage, too.

    best wishes,


    -dmc
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

    Comment


      #3
      Welcome to the Forum, ShowBoat!!

      We're glad you came out of the Lurker's Shadow and started posting!!

      WOW!! Your story has it all.

      Credit Counseling/DMP payments gone bad with a Creditor who did not cooperate.

      A bad Consult with an attny who tried to gouge you by pushing you toward a Ch 13 plan.

      And meeting with a good attny who gave you what sounds like good advice!!
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        Thank you for the welcome!

        I think that's why I love this forum so much, I can relate to everything that everyone is posting, and it's hard to find a group of people that you want to share all of these experiences with in real life!

        After re-reading my post I realize that I left out a few of my experiences, including changing my phone number, all the creditors calling, which is still going on, and the latest thing that happened, which is chase garnishing our joint bank account, and checking account, but thanks to this forum it probably cost them more for the writ of garnishment then what they got out of our accounts.

        Anyways if anyone is in southwest Michigan, I would be glad to recommend them to my attorney!
        Filed Chapter 7 - July 12, 2007
        341 meeting - Sept 10, 2007

        DISCHARGED - 12/05/2007

        Comment


          #5
          Welcome to the forum showboat! Your story sounds very familiar to my own even down to the debt settlement company, lawsuits and arbitration. The only difference is it was both mine and my hubby's debt. I hope you stick around and keep us posted on how you are doing through your bk process.
          "Try to save money. Someday it may be valuable again." - Anonymous

          Comment


            #6
            Keep us posted on the progress of your BK....... sounds like your on your way to that new "fresh start"......

            Hope your experience of "holding out on spouse" has brought you closer together when it comes to financial affairs......

            Remember "two heads are better than one" and also it helps to have a shoulder to cry on also.....

            Minny
            Minny

            "It's amazing the paths that our feet sometimes follow in life".

            My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

            Comment

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