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Chapter 13 - and no disposable income

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    Chapter 13 - and no disposable income

    Really down here and could use some thoughts...

    I am a single Mom with 2 young children. Before I got divorced, my ex and I filed for Chapter 7 Bankruptcy and were discharged in 2005. (loong story there, but it was credit card debt I knew nothing about which was in my name too).

    Long story short, he moved out right after that - I was working only part time. Then he lost his job - and stupid me kept my house with a HUGE mortgage payment. Until I could get it refinanced, I was charging most everything on credit cards (I know, stupid) but I wanted stability for my kids. I did get the refinance to go through, which helped, but by then I had credit card bills of about $9,000

    Anyway, the CC interest just kept mounting up and the monthly payments going up and I just quit paying the credit cards in Oct (again, I know - stupid, stupid). But I had to make a choice between food, childcare, housing and gas OR credit cards... sigh... I finally starting trying to do "do it yourself" debt settlement, but am getting no where. I had one collections agency who filed a civil suit against me, to which I responded. But who knows where that is going. And now with interest and penalties and such, I think my debt is now showing at about $15k.

    I've done some of the calculations for disposable income and it looks like I basically have none (or very, very little). From what I'm seeing, it looks like child support isn't calculated into that? (I get $600/month for child support). I do work full time and am trying to get into some online classes in order to get a better job and hopefully do better for my kiddos, but right now, I just feel overwhelmed and very, very depressed and afraid.

    I know I can't do a Chapter 7 - with so little disposable income would they let me do a 13? Just very confused and any thoughts would be appreciated.

    #2
    Sorry you're having such a rough time.

    Our experience with a Ch13 was that child support received was included in the income calculation (similarly, any child support paid would be included in the expense calculation).

    Can you keep your house if you file? Could you let it go and move to somplace less expensive? Kids are resiliant but can feel the financial stress even if we don't tell them directly.

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      #3
      If child support is counted as income, then maybe I could be considered to have some disposable income. So that would be a good thing As far as moving - I would'nt mind that at all, just I doubt I could even rent something as bad as my credit has to be at the moment. My mortgage payment is currently $805 which is most likely comparable to what rent would be.

      I just need to bite the bullet and call a lawyer I guess to find out what I can do. Obviously burying my head in the sand hasn't worked too well.

      If I hadn't have been such a dummy, I could've sold my house back when the market was good, paid off everything and had a little bit in savings. <sigh>

      It's sad when you don't even know if you can qualify for bankruptcy.

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