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    New to site, thinking of Chap. 7

    I am considering filing Ch. 7 and found this site. I got in this situation mainly from an addiction to online video sites that has been going on for years and just want a new start to get my life back together and enjoy things. This will probably be a long post, but I am hoping to find some people who might know these things as well as me looking through the site for info.

    I am guessing Ch. 7 fits my situation, I am single, live in an apartment, have a paid off 10 year old car and other than a couple guitars and my computer, no real assets to speak of. I have a job that looks to be about the means of my state (left an old job due to my situation and stress and the new job is considerably less pay unfortunately). I have no savings (currently negative until Friday) and very little in my 401k at my new job (probably under 1k).

    I did have a few specific questions to ask about my situation:

    When I left the other job, I cashed out the 401k in January 2008 and used about half to pay off some of my debts while using the rest to pay rent and bills while looking for a new job. I spent some on my addiction as well. From what I was reading here, it looks like they go back the last 6 months of pay, so not sure if that cash out would affect things in any way.

    I get reimbursed at my job for mileage, it varies by month, I usually go 3 or 4 times a month to another location using my car. Does that get factored in as income? How is that handled?

    I currently rent with a roommate, the lease runs to end of February 2009 and I will probably have to get my own place at that time. I would like to stay at the same apartment complex I am now, but in a small one bdrm. You have to fill out an app in this situation with the complex. I will probably need to find a second job (which I dread because I did that for almost a year in 2007 and all it did was get spent more on my addiction instead of paying down my bills) to cover the requirement of earnings to rent amount ratio. I also looked and saw they allow BK only if discharged, so I am wondering if it would be best to try and get the apartment, then file after. Their app says they consider people with a discharged BK, but definite no on BK's not in a discharged status.

    I have 5 credit cards (all closed with balances) I currently use a credit counseling agency on a couple credit cards, a couple cards with the credit card company using an arranged payments at lower rate and the last card just switched from being in an arranged payment plan to a regular rate and payment (it was a year long deal to help me out and get under the credit limit. I probably will put in CCCS plan). I am wondering how this would affect my filing and if I need to get in touch with the credit counseling before doing anything?

    Sorry for so many questions, I hope to find many answers here to make my decision easier.

    #2
    Hi welcome to the board.
    I'll try to answer a few of your questions.

    The money you took out of your 401k in January will not matter. It was too long ago.

    We had mileage reimbursement as well. Our attorney didn't even include that as income, because its really not, they are paying you back for money spent.

    I think it would be better to get yourself into an apartment before you file. During bankruptcy it'll be very hard to find a place.

    The CCC shouldn't affect your filing. If you are unable to pay them anymore then those credit cards will just go towards your bankruptcy.

    I would meet with a few attorney. Bring them a list of all your creditors. Print your credit report tomake sure you don't miss anyone. Write down all your questions. Meet with at least three.

    Good luck. There is a lot of helpful information on this board. Pay attention to the stickies up top.
    8/5/08 - Filed Chapter 7
    9/10/08 - 341 Meeting - It went great
    11/10/08 - Last day for Objections
    11/12/08 - Discharged & Closed!

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      #3
      Something not mentioned by downwardspiral, cut those cards up and make a conscientious effort to break the bad habit. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #4
        If you don't get your addiction under control it is unlikely that filing bankruptcy will help you all that much.
        Please get yourself into a program. Try AA or NA or whatever it is.
        <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
        FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

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          #5
          Definitely as PP have said, get into an addiction program and cut up those credit cards. Bankruptcy will not fix the problem -- it's like putting a band-aid over a gash.
          Bk #1 (DP) Filed Ch 7 Pro Se on Feb 28, 2013 ~ 341 on Apr 19, 2013 ~ Discharged on Jun 13, 2013
          Bk #2 (Self) Filed Ch 7 Pro Se on May 5, 2013 ~ 341 on Jun 14, 2013

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