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Need some advice

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  • Need some advice

    My wife and I are in the process of filing Chpt 13, a couple more payments and our lawyer will start the paper work..BTW I was a Chpt 7, discharged in June 2004 so that's one of the reasons why it had to be a Chpt 13.The other reason is that we want to keep our home..Just an fyi my wife has never filed BK..

    Well we are thinking of not filing now we are going to try to work with our creditors and negotiate some of our debt and just try paying them off with hard work..Chpt 13 just doesn't seem like a fresh start to me if feels like you're being handcuffed (Does anyone else have that feeling)..I plan on working another job during the day to pay some of the debt.I really hope I'm doing the right thing it seems like I've been making some bad decisions lately.I have about 40-45k in debt and she has about 50-60k, credit cards are not joint accts, so I think she has an out if she decided to file bk on her own..

    Now my question is would we still be able to file in the near future if we cancelled the Chpt 13 process now? (We've paid about 1400, is this refundable ) Would it look suspicious lets say if we both decided to file for Chpt 7 in 3 years, since that's when I would be eligible to file again? We really are going to try to pay some of this debt off and see where we are at in 3 years but if things get harry would it look suspicious..Plus our ARM goes up in 2011 so I figured that if we do decide to file in the near future we can add the house, hopefully this doesn't happen but who knows (Crossing Fingers wishing Real Estate will bounce back then). Would they look back in 2008 and ask questions why I didn't go thru with the Chpt 13?

    Now as far as summons go, I received 2 from Mann Bracken. Is it too late to settle once it's gone this far? Should I call Mann Bracken directly and ask to settle and set payment arrangements?


    Last question. Has anyone ever used a debt management company like Consumer Credit Counseling Services? Will they still work with you if your late or defaulted on your credit cards? Ok I'm done. Thanks for your help.
    Last edited by junjun; 11-22-2008, 05:37 AM.

  • #2
    Originally posted by junjun View Post
    ...
    Now as far as summons go, I received 2 from Mann Bracken. Is it too late to settle once it's gone this far? Should I call Mann Bracken directly and ask to settle and set payment arrangements?


    Last question. Has anyone ever used a debt management company like Consumer Credit Counseling Services? Will they still work with you if your late or defaulted on your credit cards? Ok I'm done. Thanks for your help.

    First, if you use Consumer Credit Counseling Services your credit will take the same or similar hit as if you filed BK. It is a good idea to get debt counseling - just from someone that actually can help you from a budgeting point of view- rather than a service that is dedicated to just BK type filing, JMO.

    Most of the debt you can negotiate better payments yourself than a counselor can - the counselors have arrangements with the cc companies and they can only work with those companies - you can work with all of the cc's.

    Mann Bracken is a bottom feeder type CA. They may or may not have the right to collect from you. You can get specific informtion by going to www.creditinfocenter.com For the most part, Mann Bracken will say whatever they want to say (lie to you) to get you to part with money. If you have been served you will want to respond if you are not filing BK. Check out the other site for specific threads on that topic.

    As to stopping the BK process.. your attorney did not file the paperwork yet, right? He has only collected the fees? In that case you can stop the process. As to getting your funds back, probably not - but ask anyway.
    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
      So what happens if I didn't show up to the court date? Can I still settle or is it too late?

      Comment


      • #4
        JunJun, I think you are making a mistake. I think you need to go back and carefully read your thread

        You are cancelling a 13 where you get to dictate to all your creditors how much they will get paid based on how much "you can afford" in order to try to pay them in a manner that provides no guarantee, and there will be tax consequences if you do settle. Trust me, settling with your creditors is far from a fresh start and is almost always more expensive than a chapter 13. Moreover, you might have already been sued.

        IMHO, based on the facts as you have presented them, you are making a mistake if you cancel your 13.

        Comment


        • #5
          Originally posted by HHM View Post
          JunJun, I think you are making a mistake. I think you need to go back and carefully read your thread

          You are cancelling a 13 where you get to dictate to all your creditors how much they will get paid based on how much "you can afford" in order to try to pay them in a manner that provides no guarantee, and there will be tax consequences if you do settle. Trust me, settling with your creditors is far from a fresh start and is almost always more expensive than a chapter 13. Moreover, you might have already been sued.

          IMHO, based on the facts as you have presented them, you are making a mistake if you cancel your 13.
          I didn't know about the tax consequences..Can you please give me an example? If creditors are willing to cut it in half isn't that something I should take advantage of..I know in a 13 it would be what I can afford but what happens if I get laid off. What then..That's what scares me..And how I have to report any increase or overtime to the trustee, so it will never be a set amount...What really stinks is that I worked about 50 hrs this month and the lawyer got all salty, told me that I shouldn't have done that..I told her I need to pay my property tax and mortgage, what was I suppose to do..Plus, there was a time in 2006 that I maxed out credit cards and didn't pay a cent..I'm really scared they would see that as fradulent so I kind of figure I take care of it now, just in case in the near future we do file..

          Comment


          • #6
            I just wanted to add that we did CCCS about 7yrs ago and was done about 3yrs ago. We bought a house with a great interest rate only 2mos out of the program AND both our credit scores were over 700. So it doesn't affect everyone negatively for some reason.

            Comment


            • #7
              Originally posted by HHM View Post
              JunJun, I think you are making a mistake. I think you need to go back and carefully read your thread

              You are cancelling a 13 where you get to dictate to all your creditors how much they will get paid based on how much "you can afford" in order to try to pay them in a manner that provides no guarantee, and there will be tax consequences if you do settle. Trust me, settling with your creditors is far from a fresh start and is almost always more expensive than a chapter 13. Moreover, you might have already been sued.

              IMHO, based on the facts as you have presented them, you are making a mistake if you cancel your 13.

              How much can I get taxed? Lets say I owe GE Money 10K and settled it at 5k and they are willing to take monthly payments..That's my biggest debt..How much will I get taxed? All the other debt is between 7k-500.00. I'm paying a lot of the cc's monthly installments..I just got a letter today from Mann Bracken and they are willing to work with me before any judgement takes place..Is there anything I should be worried about? Will I need something from them proving that they will drop the judgement once I make a full payment..My wife is not settling with any of her cc's basically she's closing them and making monthly payments..Her debt hasn't yet gone to collection agencys..

              I wish i knew about this forum when we were deciding about filing bk in August..She had perfect credit and all..I just panicked when the summons was sent..Now I'm scared about the tax consequences..Sheesh it never ends..I thought for a minute I was doing a smart thing..
              Last edited by junjun; 11-22-2008, 07:15 PM.

              Comment


              • #8
                Originally posted by junjun View Post
                I didn't know about the tax consequences..Can you please give me an example? If creditors are willing to cut it in half isn't that something I should take advantage of
                It sounds like a great deal until they send you a 1099 at the end of the year and you get to pay taxes on any amount they write off. Not only that, your credit report will take a hit. It will show "settled for less than what was owed." So you get screwed twice..... What a deal! This happened to my ex husband and I when we were going through a divorce. We thought we were doing the right thing by taking the profit from the sale of our house and paying off all our debt by getting the creditors to settle for less than what was owed. Looking back now, I wish we would have just filed Chapter 7.
                Filed 11/01/08
                341 12/03/08
                7 payments down - 53 to go

                Comment


                • #9
                  Originally posted by junjun View Post
                  I just panicked when the summons was sent
                  Junjun....this is exactly why I just filed Chapter 13. I received a summons on a car loan from 3 years ago. I had 20 days to figure out what I was going to do. Rather than get a judgement on me, worry about waking one morning and seeing my bank account drained, watch my wages get garnished, I filed Chapter 13. I can't afford to be in Chapter 13 but I also didnt want to worry daily about 25% of my paycheck being garnished and my bank account wiped out which is exactly what can happen with a judgement.
                  Filed 11/01/08
                  341 12/03/08
                  7 payments down - 53 to go

                  Comment


                  • #10
                    Originally posted by MJJ3767 View Post
                    It sounds like a great deal until they send you a 1099 at the end of the year and you get to pay taxes on any amount they write off. Not only that, your credit report will take a hit. It will show "settled for less than what was owed." So you get screwed twice..... What a deal! This happened to my ex husband and I when we were going through a divorce. We thought we were doing the right thing by taking the profit from the sale of our house and paying off all our debt by getting the creditors to settle for less than what was owed. Looking back now, I wish we would have just filed Chapter 7.
                    How much can you get taxed..The only creditor I settled with the amount was 10k settled for 5k and they are willing to take monthly payments..Of course this was over the phone..I know I'll need them to write something up for me.. I'd like to know how much will I get taxed if I settled for 5k on a 10k account..

                    Comment


                    • #11
                      Originally posted by junjun View Post
                      How much can you get taxed..The only creditor I settled with the amount was 10k settled for 5k and they are willing to take monthly payments..Of course this was over the phone..I know I'll need them to write something up for me.. I'd like to know how much will I get taxed if I settled for 5k on a 10k account..

                      You are going to be taxed on the $5000 they wrote off. You need to figure out your tax bracket to know the dollar amount you will owe. Also, call the company and ask if they will send you a 1099-C for this. Most companies don't offer the info freely.
                      Filed 11/01/08
                      341 12/03/08
                      7 payments down - 53 to go

                      Comment


                      • #12
                        Originally posted by MJJ3767 View Post
                        You are going to be taxed on the $5000 they wrote off. You need to figure out your tax bracket to know the dollar amount you will owe. Also, call the company and ask if they will send you a 1099-C for this. Most companies don't offer the info freely.
                        I ask this once I pay the settlement in full right? I'll be making monthly installments so I don't get taxed until it's all paid off right? Thanks..

                        Comment


                        • #13
                          Originally posted by MJJ3767 View Post
                          You are going to be taxed on the $5000 they wrote off. You need to figure out your tax bracket to know the dollar amount you will owe. Also, call the company and ask if they will send you a 1099-C for this. Most companies don't offer the info freely.

                          Combined we only make between 100-120k..

                          Comment


                          • #14
                            if you have already filed and now want to withdraw (dismiss) it will still show up on your credit report as a "dismissed" bk which is worse than a discharged one. Since you have the credit hit already by filing, I would just stick it out.

                            Comment


                            • #15
                              Originally posted by rrockinggramma View Post
                              if you have already filed and now want to withdraw (dismiss) it will still show up on your credit report as a "dismissed" bk which is worse than a discharged one. Since you have the credit hit already by filing, I would just stick it out.
                              No we haven't filed..We were still in the payment process..

                              Comment

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