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My financial situation is turning very ugly

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    My financial situation is turning very ugly

    I posted about my situation with my AMEX gold card that is going to go 'Past Due' on an outstanding balance after midnight tonight (Dec 5).

    It is going to get MUCH WORSE for me before it gets better. It is largely self inflicted and I took a bad situation (getting fired from a job after only 4 months) and made it 10 times worse. I don't want to deny responsibility but I was diagnosed with Bipolar II which was misdiagnosed as mild depression & anxiety by two previous psycs. The meds that I was on for over a year (Prozac, Adderall) precipitated manic behavior which included huge buying sprees.

    I am working as a 1099 contractor (another issue which will probably raise red flags with the IRS), but won't get paid for November until around December 22. With Christmas and the minimum 5 business day hold my bank puts on ANY non local non gov't check, I won't have funds available until probably around New Years Day.

    I think chapter 13 may be the only option. The problem is that I have some assets which I don't want to touch which includes a Brokerage account with a market value of around $75,000. Probably will wait until the summer after the 6 month 'lookback' period. I have a whopping credit card tab of over $70,000 spread on over 15 accounts, some of them retail charge accounts and others with interest rates that just jumped due to my debt load (ex. Chase = 29.99% on $2,100, WAMU/Providian = 31.99% on $4,800)

    I doubt I will find real full time employment in my industry. It isn't anything to do with the economy but my employment history, lack of references & burned bridges that are going to be a major negative factor. I actually plan to mention my diagnosis of Bipolar / ADHD and how that is going to have a major detrimental effect of me finding real full time employment.

    The good thing about this arrangement is that I can fully deduct COBRA payments, & traveling expenses + tolls to & from work so I plan to keep the entire check once it is cut.

    I am returning things that I bought on my debit card that I still have receipts for since I have NO income coming in and haven't seen a paycheck since October. My bank account went negative a few times over the weekend after authorized Credit POS transactions. I expect about $100 of fees.

    #2
    i don't understand - you have a brokerage account worth 75k and cc debt worth 70k? why don't you cash out your stocks and pay off your cc debt?

    i'm not an expert but i don't see how you can do bk 7 or 13, with that much money in your brokerage account. Edited to add that no matter how long you wait - I'm not sure you can protect your brokerage account.
    Last edited by danaf; 12-04-2007, 07:40 PM.
    Filed Chapter 7 Pro-Se May 29, 2008
    341 July 1, 2008
    Discharged September 4, 2008
    Closed November 10, 2008 :-)

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      #3
      In a Chapter 13, unsecured creditors must receive as much in the 13 payment plan as they'd have gotten in a Chapter 7.
      Unless the brokerage account is an ERISA qualified retirement account, it's an asset that could be liquidated to pay creditors in a Chapter 7. So, your 13 payment plan may well be 100% over 5 years.
      Sometimes, bk is just not an option.

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        #4
        I agree with previous poster. Unless this is a qualified retirement brokerage account, you will have to liquidate it. Why not sell the securities and pay off all your credit cards and start rebuilding it. Is there a reason you can't do that?

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          #5
          I am not sure your circumstances allow YOU to make the decision to not touch assets, your spending and debt have made the decision for you.

          "Assuming" the brokerage account is non-exempt you have 2 choices.
          1. Voluntarily liquidate it and pay your creditors.
          2. File chapter 13 and end up in a 100% payment plan (because in a chapter 13, unsecured creditors must get at least as much as they would in a chapter 7).

          Waiting 6 months does not effect what will happen to the brokerage account, unfortunately, BK does not allow you to have your cake and eat it too.

          Comment


            #6
            If it were me, I'd avoid filing bankruptcy and use the brokerage account money to pay the debt in full. I think most of us probably wish that we had that option.

            That's what I'd do unless you could somehow exempt that account. You should definitely discuss this with a lawyer and see if there are any other possibilities.

            Also if you want to keep some savings, you could pay off $50,000 of the debt and keep a cushion in your brokerage account for emergencies. Then the minimum payments will probably be alot lower and you will avoid BK. I think that if you file a 7 right now, the trustee will seize the brokerage account to pay the creditors and you'll just waste a bankruptcy.

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