Questions on if I can file for BK

[rob1234]

Hello all, I feel that I am in a tight spot here, I am up to my neck in credit card debt. It started out about 6 years ago (I was good with my credit up until then) when I lived in florida and had low paying jobs and had to use my credit cards to get by and pay for a lot of needed dental work, car repairs, gas, bills, etc (my stupidity included). Almost 2 years ago I moved back to NY to help my aging parents out and I hoped to find a job and pay down my debt. However, I slipped into a rather deep depression and couldn't seem to find a job (I think they could smell it on me) and ended up having to take loans from my cards to have money for cigarettes, gas and other incidentals AND to pay my credit cards balances and for a while my car payment. I would say i borrowed about $8000 (over the last 2 years) for this (my cc debt is about $27,000 now). I doubt that BOA and other creditors will believe that I borrowed with the intention to pay back. Well now after 2 years of deep depression I have decided that it may be best to just file for BK. I have no income and no property, save some books and clothes (My Father has been paying for the car for a year now because he wants it).
What should I do? I am incredibly ashamed and now scared that the CC companies will want to go after me for fraud because I used the loans to pay them back and just to live on.
Should I file for BK?
Even though my Father has been paying (with their checks though the car is still in my name) for the car, will they take that away
from him?
Will I be charged with fraud if I file?
Is there anyother solution?
I would certainly be willing to pay back what I can when I find a job.
Please help with some advice I am at the end of my rope and starting to really freak out about this.

[One Half Full]

Well, I am depressed and have suffered from depression. Just read this forum, and I found out that really, it is not so scary (I know I am no literate person here). Trying to sort out exactly what is going on is necessary Read the stuff they have like the tactical guide to bankruptcy really helped me to know that 1) this is not something that I could have avoided, 2) there is no need to feel ashamed, 3) you can help yourself and get out of this rut. Your first step is to find a lawyer. Talk to a few and chose one who is true to you. Some people have filed on their own (Pro se) I think that would be scary but it is possible. Yeah, yeah, we all had problems. I drank some once the bills started to pile up. Self medication does not make any of it go away. Your debts are your own. You have to sort out the thing with your dad and the car. There is no shame in going bankrupt, and, tactically, this is the absolute prime time to move on it. I would in fact move on it before the next election-- there is talk of freezing foreclosures (I want to get out of this beast). Start with the stickies, read a bunch and get yourself comfortable with what you have to do and then contact a lawyer. (As far as repaying? naw, go for the gold, chapter 7. Experience rebirth. Look at the pros and cons in the stickies.) Good luck.

[epiphany]

Hello. I am too new to this to attempt to answer your questions with any kind of definity (and I am sure that others will ask you for more information on your situation as they should) but I will tell you the following:

You are SMART to realize this now with only 27,000 worth of debt. (I use the term only lightly---but believe me if you keep on, you may find it much worse).

What you describe does not smell like fraud in any sense to me. It doesn't sound extreme compared to most of the stories posted here, including my own. It doesn't sound like "charges" are in your future if what you are saying is inclusive of all truth.

Quite a few people here have experienced depression and I hope they will share their stories with you. Perhaps you need more help than just financial?

Welcome to the forum and good luck to you,

EP