Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

13 may be only hope..need help!!!

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 13 may be only hope..need help!!!

    2 Business that I want to save....and 4 cars...3 paid for.... $170,000 in CC and $15,000 in tax debt.
    I made a big no no and made some charges to different cards $5000 on one and $1900 on another for rent and supplies for business. I took bad advice from someone before I understood that 13 is my only option.

    Should I keep paying on these cards even though they are 20 days late now and CC are starting to call so that there is some payment on the cards I used or???..Help..I feel so alone and so stupid for putting myself in this situation...

    I have an appointment with Attorney on Thursday.

    Does anyone know how it works in CA with renting a house?.. We have lived here for 3 1/2 years and rent is $2327...am I going to have to move??? We work out of the house as well...Please Help!!!!!

  • #2
    Originally posted by Atrix View Post
    2 Business that I want to save....and 4 cars...3 paid for.... $170,000 in CC and $15,000 in tax debt.
    I made a big no no and made some charges to different cards $5000 on one and $1900 on another for rent and supplies for business. I took bad advice from someone before I understood that 13 is my only option.

    Should I keep paying on these cards even though they are 20 days late now and CC are starting to call so that there is some payment on the cards I used or???..Help..I feel so alone and so stupid for putting myself in this situation...

    I have an appointment with Attorney on Thursday.

    Does anyone know how it works in CA with renting a house?.. We have lived here for 3 1/2 years and rent is $2327...am I going to have to move??? We work out of the house as well...Please Help!!!!!
    It sounds like you don't own your home. If you are currently renting and haven't missed any payments you should be fine. Most landlords don't want you to leave if you have been a good tenant.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

    Comment


    • #3
      Yes..I am renting....we have never paid late. Does my landlord find out that I am filing BK even if I have always been current? I didn't realize he would have to be told!...When I asked earlier if we would have to move I was wondering more about if the rent is too high and that we would not be able to pay that amount.

      I have read so many posts where people have to live so tightly on a budget within the IRS guidelines for an average family. I guess I just don't understand what we would be aloud to spend each month on bills. EX...my electric bill is averaging $500 per month (We live in the Desert)....Will this be an expense I will be aloud to make or????

      And I am so worried about thoe last CC charges...I wasn't trying to do anything wrong when I made the charges....I was planning on a balance transfer and thought I could till handle all this....but I was very very wrong...I know I can pay something in a 13 but not the $4500 to $6000 I have currently been paying.....

      What has anyone been paying in a 13 and how much were you aloud for Rent for a home? or car payments? or electric bill? health ins? and all else....

      Any help and informantion would be so so so appreciated!
      Thank you

      Comment


      • #4
        Here is a link to the IRS standards. Your rent may be questioned if it is significantly higher than IRS standards for your area and family size...utilities are often fine as long as you can provide proof of your actual expenses.

        As a side note, I'm also in the CA desert and if you have PG&E I highly recommend their balanced billing--where they average out your electric bill over 12 months so that your electricity is much more affordable during the summer months.

        IRS standards: http://www.justice.gov/ust/eo/bapcpa...anstesting.htm
        Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
        0% payback to unsecured creditors, 56 payments down, 4 to go....

        Comment


        • #5
          Thanks for the info....Momof three

          Since I have not meet with my attorney yet...I was wondering if you can tell me exactly what I have to anticipate? How long will this whole process take?

          I am a Mom to a 4 year old and I feel like I have destroyed his future!!! I feel so bad. I just want to do the right things from now on.

          Maybe you can tell me a little about what things an attorney will want so I can get organized.....I have his list of things that his assistant emailed..Taxes for 2009, bank statements for my business, and my CC statement...what else would you uggest I get ready for him?

          Also..what happens with the Trustee? what do they ask? etc? Did the trustee agree on your payback right away or did things take a long time...I am so looking forward to knowing my next steps and moving on with my future and doing right for my son..

          Thank you so much for any information....I feel so so so sad and lost.

          Comment


          • #6
            Atrix, you seem really stressed out by your situation. We've all been there and had that sad, lost feeling, and it sucks. First, before you do anything else, take a minute...take a few deep breaths...try to relax. Beating yourself up over this doesn't serve you, doesn't improve the situation, doesn't make you a better parent. You have not destroyed your child's future, or yours for that matter. There is no shame in bankruptcy. It will take a while to dig yourself out of this hole, but you can do it.

            Second, we can't tell you exactly what to anticipate because everyone's situation is different. However, reading a good book about bankruptcy can help you understand the process and will help answer a lot of questions. I recommend the Nolo Press books The New Bankruptcy: Will It Work for You? and Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time. If you're strapped for cash you may be able to find them at the library, but check publication dates because the laws have changed a lot since 2005.

            To answer some of your questions:

            1) The Ch13 process can take anywhere from 3-6 months to a year or more, depending on your situation, attorney, trustee, and judge.

            2) If your attorney provided a list of things to bring, then only worry about those things for right now. If they need additional info at some point they will be sure to ask you for it. It can help to bring a list of questions to ask your attorney though; I always forget a couple of things.

            3) Different trustees request different kinds of information, depending on personality and on jurisdiction. Many ask for 3-4 years of tax returns, mine asked for only one. Our 341 meeting is this week so I haven't been through it yet, but my attorney says it's mainly a formality and should take less than 15 minutes. Again, if there's information they want or need, they will ask you for it.

            4) There's no point in continuing to pay your credit card bills. The attorney is likely to advise you to stop paying immediately, but even if he/she doesn't, a few more days won't matter. Use some of the money to take your kid out for pizza. Screen those creditor calls until after you see the attorney.
            DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

            Comment


            • #7
              Thank you....It helps so much to hear that I am not the only one going through this!....But I am still so scared and ashamed!

              I just don't know how this is going to turn out. Should I start looking for a new home to rent?....I am paying $2300 a month...but we also work from the home...Is the trustee going to allow us to stay in a house with that rent? Or? Also..my car payment is $615...we use it for business the other 3 older cars are paid for.

              Does anyone know?

              How offen does a trustee object?....We have $170,000 in CC debt. and owe $20,000 to the IRS for 2009.

              Thanks in advance to everyone for any advice or information...I so so so greatly appreciate it.

              Comment


              • #8
                Atrix

                Dont worry your case will be fine. No you dont have to move. Just relax your going to be fine. Trust me I know the feelings your having. Dont worry its piece of cake your entitled to help its the LAW.......

                The only advice I got for ya, you shouldnt be using any credit cards 90 days prior to filing preferably 180 days as this looks like fraud if your using a card knowing your going to file....

                Also if your going to file... Stop paying all bills now. Dont pay another credit card or loan at all. Just pay your rent and utlilities and food and medical and dont worry bout the rest. Your going to be just fine.

                Also if you have loans or credit cards at the bank where you keep your checking take all money out of them accounts and start a new bank account from scratch at a nuetral bank.

                thanks
                Started in Chapt 13 Switched to Chapt 7 Discharged 2009 Dec.........Filed New Chapt 13 in 2010 to deal with new surgery bill and stripped second mortgage! The story continues

                Comment


                • #9
                  Thank you Car67......Thank you for your support!!!!

                  I already switched banks because I had read that that is the thing to do...so thanks everybody!!!!!!!

                  A Question?????? Since I did made charges on my CC at the beginning of June (a lot of them) $5000 on 1 card $1700 on another (for rent at my business and some utility bills on the house)will the attorney not file until at least 90 days have passed?...

                  and can I still hire an attorney so I have somewhere to defer these phone calls or do I have to wait to hire him until the 90 days has passed....

                  and what happens if a CC sues me before the 90 days?...what happens then?

                  Thanks again.....I SOOOOOOO greatly appreciate any and ALL advice!!!!
                  THANK YOU...THANK YOU!!!!!!

                  Comment


                  • #10
                    Sorry if this is a stupid question, but didn't you say you work out of your home? But then you said you charged $5000 for rent for your business?

                    Since you just stopped paying your credit cards within the last 30 days, you're probably safe from being sued if you file in the next 6-8 months or so....
                    Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
                    0% payback to unsecured creditors, 56 payments down, 4 to go....

                    Comment


                    • #11
                      We have 2 businesses. One we work directly from the home we use about 1/3 of the house for this. The other is a very small retail operation so I keep all the inventory at my home and use my home as the office...there is no space in the store for an office or to keep any extra inventory.

                      I didn't realize it took that long to sue...that is good news...thanks for all the info......TY TY

                      Comment


                      • #12
                        And even if you are sued, it's not instantaneous, they'll send you a summons in the mail at least 30 days prior to taking you to court, which gives you plenty of time to file sooner if you need to...
                        Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
                        0% payback to unsecured creditors, 56 payments down, 4 to go....

                        Comment


                        • #13
                          Yea no need to rush You can retain the attorney now and if anyone calls on a bill you can tell them to call your attorney. Yes you will need 90 to 180 days of non use on those cards or you wont be able to file on those charges and will be forced to pay... Tear your cards up now dot use now more and get the clock started.
                          Started in Chapt 13 Switched to Chapt 7 Discharged 2009 Dec.........Filed New Chapt 13 in 2010 to deal with new surgery bill and stripped second mortgage! The story continues

                          Comment


                          • #14
                            Thank so much Car67....

                            What a relief to know that I can have the attorney deal with the phone calls...and then wait the 3 to 6 months.

                            I have felt so much better after reading the responces from everyone here...thank you so much!

                            I felt so alone and hopeless a few days ago....Now I am starting to understand that it is a prosess and I just need to take one it step at a time.

                            I am meeting with an attorney end of the week....I am nervous and anxious and looking forward to answers to lots of questions. He seemed great on the phone so I am very hopeful..

                            Thanks again for answers to my questions everyone....It has been so helpful!!!!!

                            Comment


                            • #15
                              No worries I understand the stress level TRUST ME I had to too take medicine when I filed just to sleep I understand the stress and anxiety LOL I even stressed so hard I flooded my house I forgot to turn bath water off and feel asleep exhausted woke up to a flooded house... It was some rough days... but looking back YA i can feel your pressure and trust me its overrated. Just tell the courts the truth and you will be fine and keep working!
                              Started in Chapt 13 Switched to Chapt 7 Discharged 2009 Dec.........Filed New Chapt 13 in 2010 to deal with new surgery bill and stripped second mortgage! The story continues

                              Comment

                              Unconfigured Ad Widget

                              Collapse
                              Working...
                              X