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Looking for opinions, is BK the answer ? (long)

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    Question Looking for opinions, is BK the answer ? (long)

    Here is my predicament. I was recently layed off and most likely will not be returning to that profession. I'm probably going to have to retrain into something else. I don't see myself back in the workplace for at least a year.

    My prior years I did a lot of reckless spending, but had always made enough money to bail myself out. Well about 4 years ago I saw a huge downturn coming in my trade (automotive designer) so I started paying things off , liquidating some assets and saving as much as possible. As is seems I didn't start soon enough. This last year was one paycut after another ($40k worth) which ened up with me losing my job a couple of weeks ago.
    So far I'm not in a terrible place.. I have some savings and haven't gotten behind on anything. I think I can last about 8 months maybe a year. In the meantime I've contacted my mortgage (and second) companies to try and do a loan modification, I've also contacted my CC company and explained the situation to them.
    Now I'm about $45k upside down on a house in one of the worst states (economic-wise) that I can be. I have about $18k in unsecured debt, owe $7k on a car , and $12k on a Rec. vehicle. I also have another vehicle paid for, 4 other rec. type of vehicles plus some other assest I have collect thru the years. All these items are paid for.
    Here's what my plan is, if I do get some lienency from my creditors I think I can make it, if not my first thing will be to try a short sale on my house. Then try and work with the CC company. If these don't work then foreclosure on the house and walk away from the CC ... or should I consider BK ? Or should I just try and sell all my assets which still won't cover what I owe ? (house, CC, vehicle)
    I do know when I do re enter the workforce I will most likely be making a third of what I have in the past. This is going to effect how much I can afford as far as the house and living expenses go for sure.
    I am in panic mode, so far in life I've never had to face this. I know I will get thru it but I just don't want to make any mistakes like I have in the past.

    #2
    If you file BK you are going to have to give the toys (Rec vehicles) to the Trustee. You may as well sell them now since it could be more than a year before you file. Just keep all the paperwork for each sale - document it. Make sure the items are not sold to insiders.

    Check your exemptions for you state (you did not indicate where you are) here: www.legalconsumer.com

    This way you can formulate a plan for filing. You may get through this without filing, but if you have to file then you know exactly what your exemptions are and what you can do to prepare.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      Don't file bk yet. What if you get sick and with no insurance end up with a lot of medical debt and you already played the bk card.
      First thing I'd do is sell the paid for vechicles and use that money to support myself while I was in school . Can you work pt while in school?
      Bk only fixes the debt issue. Post bk you still have to support yourself. Start downsizing your life and try and hoard cash. The bk card will still be there when the time comes. Big thing now is, don't panic.
      I'd give a lot of though to defaulting on the mortgage and staying as long as humanly possible-make 'em evict you. You 're upside down by a huge amount. I'd not be inclined to continue to pay a mortgage on a sinking ship.

      Comment

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