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    What to Do?


    Hello, I have been contemplating CH13 for many month’s now. Back in August I spent half a day calling every creditor and being totally honest with them and asked for some type of hardship program. To my surprise, about 80% worked something out for me. However, 3 consumer loan creditors didn’t really want to play that game, one lowered a payment by 100.00 mo., but at the end of the day, when I add everything up, there isn’t enough coming in to pay them all. I have met with 3 attorney’s and found one I feel comfortable with. A huge concern I have is that I am in a sales position, only 7 month’s in. The pay I negotiated was a nice salary with a “draw” against future commissions since this is a higher ticket, higher commission, but slower sales cycle. The draw against commissions end Jan 1, the hope is that commissions will start coming in, but still there is no guarantees. If I filed say in Jan, the courts would look at the last 6 month’s pay which would be about three thousand dollars more per month than my new pay starting on Jan 1. Should I stop paying my creditors now to start building up a reserve and hope I don’t get sued for 6 mos. Or so then file when my income appears lower???
    One commission check could put a big dent in some of the debt, which is why I tried negotiating terms with the creditors to give me time. Hope is not strategy, right? So, I am very confused. If I keep paying the creditors’ that I negotiated with up until I file, the courts could look at that negatively and say I have been favoring certain creditors.
    AMEX and Cap 1 have me set up on an auto withdrawal from my bank account and the next withdrawal is Nov 24th. Should I contact the banks and cancel that auto withdrawal and start setting some $$ aside?
    I’m so tired of going to bed worrying and waking up and worrying. I know BK13 will be tough, but having my phone ring off the hook daily, juggling who to pay etc. has distracted me from my job and the last thing I need is to not make this job work.
    I appreciate any comments and suggestions.

    #2
    Did the lawyers recommend when to file?
    I am not an expert. I just share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22

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      #3
      Originally posted by Carmella View Post
      Did the lawyers recommend when to file?
      I haven't spoken to him again since we first met a few month's ago. I tried setting up hardship plans with creditors, but it's not working, so I will be contacting my attorney soon.

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        #4
        I kept all my debts current except for a horrible land deal with a primary focus on ones I intended to keep (house & vehicle). After talking to my attorney he told me to not worry about any unsecured debt and stay current on the things I intended to keep. I also got some extra work in the months leading up to my filing that changed my bankruptcy and made me uneligible for chapter 7 and had to go to a 13. It was an incredibly humbling experience and one I never intend to relive but once you get through the intial stage it was just a very important bill I would have for the next 5 years. My attorney managed to keep them from a wage garnishment, maybe because I stayed current? (I never asked). I never heard from my attorney or trustee the entire time. I finished my plan earlier this year and I am just waiting for the case to close. Find an attorney you feel comfortable with trust them to lead you through. Best of luck.

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