top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Need help--older person filing--chapter 7 or 13 dilemma

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

    Need help--older person filing--chapter 7 or 13 dilemma

    I’m new to the board and could really use some advice. I have retained a lawyer but right now I’m still feeling very unsure about some of this and just need some other opinions--I also have a few questions at the end of my post. This is my situation—I’m sorry this is a bit long:

    I’m 70 years old and married. I would like to retire but we have no retirement accounts or savings. I lost my job last year that I was at for 10 years—it had pretty good pay and benefits—I only had life insurance coverage of $210,000 through my work which I then lost. I was able to get another job for less pay and less benefits. That job only lasted 5 months. I recently started another job for the same lower pay but now I have no benefits. We have to get all our insurance on our own—no retirement benefits or vacation either so any time off is without pay. I also receive social security. My wife hasn’t found a job yet and now she’s dealing with health issues that are making it harder for her to work.

    We have a lot of debt—mortgage, car loan, school loans, and over $80,000 in credit card debt. I have to work since my social security would never cover the bills we would have left even if we get the help with bankruptcy for the credit card debt. The problem is we are under the median for chapter 7 but when you include social security, it leaves too much disposable income that we are told that we need to file for chapter 13.

    We still need to sign up for medical, dental and life insurance before we file. The rates we are seeing so far are extremely high since we are doing this on our own and because of my age and that I’m a smoker. It’s looking like these expenses are high enough that they will eat up most of our disposable income. I’m just wondering if this will be okay to get insurance or will the courts give us trouble about this? We really needed bankruptcy to help us with the credit card debt and allow us to build up a savings since I can’t work forever and who knows how long this job will last. But now there’s the problem with the disposable income. I don’t feel I could work long enough to complete a three or five year plan to pay on a chapter 13 and we would still be in the same trouble that we are in right now—we would have no savings and social security still wouldn’t cover what we have left in bills—I might as well just quit working now then. I would at least like to have the disposable income go to insurance that would protect us in case something would happen.

    We missed the deadline to sign up for medical insurance and can’t do it until November. If we file in November, will we be able to include the medical insurance expense in our paperwork for insurance once we sign up in November even though payments won’t start until January? Will we just need to show the approved paperwork and cost?

    We stopped paying on the credit cards about four months ago—I’m worried they will try to sue us before we are signed up for insurance and before we are ready to file for bankruptcy. Does anyone know the soonest credit card companies would take this route and sue us?

    Thanks for your help.

    #2
    I think you will be okay with the medical expenses, even if you haven't started making payments before you file BK. You pass the means test, but you are worried about a objection to Chap 7 based on totality of circumstances because even though SS is not included on the means test, depending on the state of the law in your state, it may be included on Schedule I/J. Since Schedule I/J is forward looking, you should be able to include the health insurance premiums you will begin paying in January. At your age, I am guessing that will go a long way towards offseting the SS income. What does your attorney say about this issue?

    It's hard to know how long it will take creditors to sue. But, if you just defaulted, I suspect they will not sue soon enough to get a judgment before November. When they start caling, don't say you plan to file BK. Say you are having financial difficulties, are working on resolving them and hope to have resolution in the next 30 or 60 days.

    ETA: Have you talked to your attorney about possibily discharging those student loans?
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


      #3
      Our lawyer said we can’t do anything about the student loans. Is that possible to get that discharged? My wife had gone back to school a while back but now with her health issues, I don’t know if her degree will even benefit her.

      We may have made a big mistake—we have been telling creditors that we retained a lawyer and intend to file for bankruptcy. I hope this isn’t going to cause more trouble for us? They stared calling us extremely fast—it was shortly after we missed our first payments they were calling. Our lawyer said to tell them we’ve retained a lawyer but now I’m worried we shouldn’t have done that so soon.

      We’re in Wisconsin. So far the amounts we are seeing for life insurance and medical insurance are quite high. Life insurance premiums just to get coverage for around $200,000 (which would cover our mortgage, car loan and school) is about $600 a month so that’s quite a hit. The medical is very high as well.

      We felt very comfortable with our lawyer but at our last meeting we didn’t know how to take that meeting and felt like our lawyer wasn’t on our side and seemed irritated. Explaining our situation and asking questions just seemed to bother our lawyer more so I’m not sure what to think.

      Are we allowed to keep any of our disposable income? Is there any leeway there or if you have anything left the courts can take it all? I think if we get approved for the medical and life insurance, we will probably have enough to use up most of the disposable income but I don’t know about all of it.

      Thank you so much for your feedback and help on this.

      Comment


        #4
        I suggested not telling creditors you plan to file BK to avoid any possibility of a creditor rushing to file a lawsuit before you file. Don't worry about it. I have nothing to back up my thought that it might encourge a creditor to move faster. It could also discourge them from bothering to file a lawsuit because they know that if they do, you can file your BK petition and stop the lawsuit in its tracks.

        In a Chap 13, all disposable income goes to the plan. Has your attorney recommended a Chap 13?

        Student loans are hard to discharge. They must be an unreasonable hardship to you or your dependants. I don't want to give you high hopes, but it could be that your age and the fact that your wife's health makes working difficult would convince a judge that your loans should be discharged. If your attorney simply said student loans are not dischargeable without considering your situation, you may want to consult with a couple other attorneys on the issue.

        If you don't feel your attorney listened to you and adequately answered your questions, you may want to follow up with a detailed email to get your questions answered.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment


          #5
          Thank you so much for your help. I really appreciate it.

          Comment


            #6
            Thinking through such decisions are very stressful and frustrating. If you feel that your lawyer was "bothered" with your questions, find another attorney! Although they get paid a pittance for a BK case, it's their job and profession to work for their clients. Do you have a seniors resource center there who might help you with locating a good BK attorney? Read up as much as you can stand it about Chap 7 and 13. Don't even talk to the creditors.
            Stopped CC payments May 2010. Stopped mortgage payments Oct 2011. Filed 13 Oct 2011, Plan confirmed July 2012. Trustee required surrender of second home. Foreclosure sale completed May 2013. Now almost 2 yrs into the 5 yr plan payments

            Comment

            bottom Ad Widget

            Collapse
            Working...
            X