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    New Girl on the Block, "Howdy All"!

    This forum is top of the line. I've been reading your posts for a little while now and appreciate all your sharing and caring!

    I just filed for chapter 13 last week. Originally, my lawyer said I could not file "comfortably". Meaning that my payback amount would be $1,900.00 a month. I was devastated.
    It turns out, his law clerk made a mistake when calculating my income taxes paid each month for the means test. I get paid bi-weekly and this must have caused her confusion and thus a "little error". She put down $830.00 a month paid in income taxes instead of the $1,900.00 I actually pay.
    The lawyer called me back in and we worked through it. He was exceedingly sorry and accomodating about this mistake.

    My payback amount will now be $738.00 a month. I make $63,000 a year. I am 50,000 dollars in debt for unsecured loans. I will be paying 100% on my new car ($206/month) and a retirement loan ($340/month). I rent an apartment ($780/month). My payback amount will be for 60 months and that will be a little over 70% of my debt.

    I was never late on any payments right before I filed. I just could not afford to pay anymore. I was borrowing from my mom to make ends meet. My minimum on my L.L. Bean Visa was $420. My Pro Bass Visa was $220 and Disney Visa minimum was also $200. Plus I have smaller debts with Sears, Old Navy, Amazon, Hewlit Packard, and a small Credit Union Line of Credit balance.

    Bankruptcy was an impulsive decision made right before I filed. I just knew I was going to drown and I was going to have to take from Peter to pay Paul.

    I have always loved to spend my hard earned money. I love to buy excessive presents for everybody. I spoil the children in my life (I am single and no kids). I have always worked and have always been able to go on spending binges and then come back to reality for a little while, pay up, and then go at it again. I never had any major financial problems.

    3 years ago My dad and I were both diagnosed with brain tumors. I will not go into too much detail. It was the worst time in my life (I am 41). I suffered greatly, but my Dad suffered more. He passed away 9 months later and I was cured. My Dad was a pure angel on earth, just a gem. Then my sister got addcited to crack and I got legal custody of her 31/2 year old little boy. I was working full time, still tired from my illness and now a new "mommy-aunt".

    My whole world was turned upside down. I had new expenses and I was stressed out. My spending increased greatly, both for necessary items and for not so necessary items. Lots of toys and clothes and food for my nephew. He was treated like royalty as he was going thru tuff times, the poor kid.
    Anyway, before boring you to death with too many details......Everything is rosy again. I feel well, my sister has recoverd beautifully and got her son back. My nephew is 5 now and is thriving. He lives down the road from me, I see him everyday and he still calls me Mommy sometimes. My Dad is in Peace.

    My financial situation never recovered.
    I go to my creditor meeting November 6th. I got notice in the mail that they have already wrote to my employer to have the $$$$ automatically deducted from my paycheck.

    I feel very grateful to have this opportunity to go chapter 13. I feel so (relatively) stress free. I was a slave to my credit cards and poor spending habits. I now only have a debit card thru a checking account at Key Bank. (it is a Mastercard debit card).

    The credit card companies loved me...they increased my limit to 25,000 dollars (all three Visa cards-MBNA) without me asking. I always paid my bills monthly.

    I never want to own a credit card again!! The debit card seems to be all I need.

    Anyway, I have a long road ahead with this bankruptcy. I am worried I will make a mistake and I will mess this up. That is why I am going to stick around here and ask for your support!!!

    Thanks for letting me vent, share and chatter on.

    Karenna

    #2
    Welcome and so happy you found us, Karenna! We'll be here to share the tough times and celebrate the good times with you. It's so wonderful that we all have a place to come where everyone else really can say, "I know just what you are going through." Glad you're here with us!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Greetings Kareena~
      You're story is somewhat similar to most here~
      I am sorry to hear about what you had to go through with your tumor, and that your father had to endure the same thing~ i'm sad for you that he died as a result of the tumor. Losing a parent is never easy, I lost my father several years ago...very difficult~
      It was a blessing that your sister had you to take care of her baby while she could get herself back from an addiction...that one has to be hard~ I don't know how anyoone without support from family gets over drugs~ you're no doubt a blessing to her, and of course your nephew....it's great it has a wonderful outcome~
      Your stress relief from filing BK is also shared by many~ myself included
      I have not filed yet~ probably wait until Dec.
      we are looking at that 2000.00 + monthly payback~ ours will be 100% ~
      I know what you mean about always being on time and paying the CC's
      I paid always on time up until I saw an attorney in late June... so I will have a few months of bad stuff on my credit report~ but you know~ I really don't care at this point.
      Anyway~ WELCOME to the club~ you will get much support here and develope many friendships along the way!!!!
      Glad you're here with us!!!
      CAB

      Comment


        #4
        Thanks so much for your kind replies, CAB and lrprn. I appreciate that you responded, it's all so new, this bankruptcy thing. So far, so good. A few creditors sent me letters asking me to please cut up the credit cards they gave me and to rip up the blank checks they sent.
        Just waiting to go to my meeting Nov. 6th. I'll keep you posted. Good luck to you too CAB!!!

        Karen

        Comment


          #5
          Welcome Karenna. Sorry to hear about your troubles with your tumor, father and sister. I hope your father didn't suffer much. And kudos to you for stepping up to the plate and helping your sister/nephew out. That must have been very hard to see your sister that way.

          I know how you feel about spending habits too. I always thought it more fun to buy something I didn't exactly need simply because I always felt better after buying it. I "was" an emotional and impulse shopper. Now that I am forced to shop with cash the reality of what I was spending really came and bit me in the ass because when I do have the money, I can't think of what I want to buy.

          Anyways, again welcome, hope you get through your 13 without too many bumps and bruises.
          Filed: 08/09/06
          341: 09/18/06
          Discharged: 11/22/06
          Closed 11/30/06

          Comment


            #6
            Bk

            Originally posted by CAB_44 View Post
            Greetings Kareena~
            You're story is somewhat similar to most here~
            I am sorry to hear about what you had to go through with your tumor, and that your father had to endure the same thing~ i'm sad for you that he died as a result of the tumor. Losing a parent is never easy, I lost my father several years ago...very difficult~
            It was a blessing that your sister had you to take care of her baby while she could get herself back from an addiction...that one has to be hard~ I don't know how anyoone without support from family gets over drugs~ you're no doubt a blessing to her, and of course your nephew....it's great it has a wonderful outcome~
            Your stress relief from filing BK is also shared by many~ myself included
            I have not filed yet~ probably wait until Dec.
            we are looking at that 2000.00 + monthly payback~ ours will be 100% ~
            I know what you mean about always being on time and paying the CC's
            I paid always on time up until I saw an attorney in late June... so I will have a few months of bad stuff on my credit report~ but you know~ I really don't care at this point.
            Anyway~ WELCOME to the club~ you will get much support here and develope many friendships along the way!!!!
            Glad you're here with us!!!
            CAB
            am I missing something...people file BK for a reason, why would
            anyone wish to pay back 100% of a debt that they filed BK on?
            I would want to pay back the least amount possible, and move on...

            Comment


              #7
              Why file for BK 13 if plan is 100%? Well, I have 130K - 150K all unsecured debt. Slightly more than 1/2 is student loans from myself and children. The remaining big chunck is CC's and unsecured personal loans. I can afford nothing other than the minimum payments which would take 20 - 25 years to pay off all my debt. I'd be in my 70's then. I have a solid base of retirement money protected in BK 13, and the idea of walking away after 5 years is a no-brainer. People petition for BK 13 for a variety of reasons. My filing is for "relief," a valid reason. With all the interest and fees associated with my debt, I can no longer afford to pay every bill every month. In fact, it appears that my payment $2200 - $2700 per month will leave me with a bit more cash to feed myself, take care of my autos, pay back a retirement account loan, etc. This payment seems high, but I'm already paying this every month; just not getting anywhere.

              Comment


                #8
                Bk 13

                Originally posted by treehugger1 View Post
                Why file for BK 13 if plan is 100%? Well, I have 130K - 150K all unsecured debt. Slightly more than 1/2 is student loans from myself and children. The remaining big chunck is CC's and unsecured personal loans. I can afford nothing other than the minimum payments which would take 20 - 25 years to pay off all my debt. I'd be in my 70's then. I have a solid base of retirement money protected in BK 13, and the idea of walking away after 5 years is a no-brainer. People petition for BK 13 for a variety of reasons. My filing is for "relief," a valid reason. With all the interest and fees associated with my debt, I can no longer afford to pay every bill every month. In fact, it appears that my payment $2200 - $2700 per month will leave me with a bit more cash to feed myself, take care of my autos, pay back a retirement account loan, etc. This payment seems high, but I'm already paying this every month; just not getting anywhere.
                We are completely in reverse, I am not filing for the reason to stop the creditors, I have not paid them in 3 years... basicly im filing because of the old debt... when I file, it will have no effect on my new debt, House, Car, etc as those are up-to-date, as far as paying current credit cards, interest, etc... I stopped paying them 3 years ago, along with 2 repos...

                I wanted to file chap 7 so badly, so we could start over, but wife makes $5k more then what is allowed, so our credit life will stop for 3 years, then start to rebuild there-after....

                Comment


                  #9
                  Well, I'm just a tad late, but better late than never!!

                  Welcome, Karen, to our Family!!

                  Any time you need to vent or just want to share, feel free to sit back, take a load off, and chat with us a while.
                  Filed Ch 7 - 09/06
                  Discharged - 12/2006
                  Officially Declared No Asset - 03/2007
                  Closed - 04/2007

                  I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                  Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                  Comment


                    #10
                    Originally posted by davids View Post
                    am I missing something...people file BK for a reason, why would
                    anyone wish to pay back 100% of a debt that they filed BK on?
                    I would want to pay back the least amount possible, and move on...
                    Well.......some people (such as myself) take responsibility for their debts~ and therefore, I think I SHOULD pay back the amount.....I don't really have a problem with it, because at least the interest stops...I actually like to sleep at night davids..........
                    And at the end of it all~ I WILL have to make accountablilty with the entity that I believe created me, therfore, I have admitted my mistake, and then made restitution for it~ that's just personal responsibility/integrity~
                    Plus, I have the ability to payback what I need to...My husband and myself still have good paying jobs~

                    Some of the others here do not have jobs, or the ability to work and they should be able to file and NOT have to pay back their debt..... I CERTAINLY understand their situations....
                    I know that there are others here who would LIKE to pay back their debts, but simply CAN'T...and it's NOT their faults~ I respect that.

                    I chose not to be like others who have ABUSED the BK system, and rack up all kinds of debt and just say~ "oh well....hell, I'll just file and get out of it"...
                    I believe that's why they changed the laws~ davids....so people (who were and still ARE ) abusing BK.

                    Most people who HAVE to file...myself included, do not do so with the "just pay off as little as possible and get off scott free" intent......they are people who made mistakes, and genuinly want to make it right~ I realize not eveyone has scruples....but I am not trying to bilk the system...I intend to pay what I need to payback......I have a conscience~

                    With all of that said~ BK (I believe) was not intended for people to just go out and do what they want and rack up debt because they "WANT" things then say~ "well....can't pay for it, guess I'll just have to go file for BK"......
                    If that's what you think it is for ~davids....you DID miss something.........

                    It's NOT something to be proud of~ and I am NOT, neither are most of us in here...sorry if you don't feel any remorse or stigma for having to do so......I know I do, I feel pain for having to file~ I believe I can speak for most in here...that we ALL feel saddened, guilty and stigmatized for having to do such~
                    but I can "payback", so I WILL payback~
                    That's the fact at the end of my day~

                    Comment


                      #11
                      Bk

                      Originally posted by CAB_44 View Post
                      Well.......some people (such as myself) take responsibility for their debts~ and therefore, I think I SHOULD pay back the amount.....I don't really have a problem with it, because at least the interest stops...I actually like to sleep at night davids..........
                      And at the end of it all~ I WILL have to make accountablilty with the entity that I believe created me, therfore, I have admitted my mistake, and then made restitution for it~ that's just personal responsibility/integrity~
                      Plus, I have the ability to payback what I need to...My husband and myself still have good paying jobs~

                      Some of the others here do not have jobs, or the ability to work and they should be able to file and NOT have to pay back their debt..... I CERTAINLY understand their situations....
                      I know that there are others here who would LIKE to pay back their debts, but simply CAN'T...and it's NOT their faults~ I respect that.

                      I chose not to be like others who have ABUSED the BK system, and rack up all kinds of debt and just say~ "oh well....hell, I'll just file and get out of it"...
                      I believe that's why they changed the laws~ davids....so people (who were and still ARE ) abusing BK.

                      Most people who HAVE to file...myself included, do not do so with the "just pay off as little as possible and get off scott free" intent......they are people who made mistakes, and genuinly want to make it right~ I realize not eveyone has scruples....but I am not trying to bilk the system...I intend to pay what I need to payback......I have a conscience~

                      With all of that said~ BK (I believe) was not intended for people to just go out and do what they want and rack up debt because they "WANT" things then say~ "well....can't pay for it, guess I'll just have to go file for BK"......
                      If that's what you think it is for ~davids....you DID miss something.........

                      It's NOT something to be proud of~ and I am NOT, neither are most of us in here...sorry if you don't feel any remorse or stigma for having to do so......I know I do, I feel pain for having to file~ I believe I can speak for most in here...that we ALL feel saddened, guilty and stigmatized for having to do such~
                      but I can "payback", so I WILL payback~
                      That's the fact at the end of my day~
                      thanks for labeling me as abusing the BK system, according to you, its something I planned, oh I think I will abuse the system today... and since some of us are not as educated as you nor do I have good job, I have no choice
                      weather I want to pay back or not...I have no education, schooling,
                      and only driven a truck which does not pay that good., I can also
                      say the system has not been that good to me either, but Im given
                      what I am given.... the BK was put in place for a reason, a person
                      can take full advantage of it, or not...IF BK is bad, then maybe it
                      should be removed from the system altogether, regardless how that
                      turns out, Im still going to sleep at night.

                      you just admitted you two have good jobs...maybe your
                      the one thats actually abusing the BK system....before you
                      start pointing fingers, maybe you should take a closer look in the mirrow.

                      Comment


                        #12
                        well...it just proves to me what I was thinking was true when I read your post, davids.....
                        hhmmmm interesting........
                        no excuses here~ just a backbone and a conscience!!!!!!!!!!!!!!!!!!!!!
                        cheers!!

                        Comment


                          #13
                          Originally posted by treehugger1 View Post
                          Why file for BK 13 if plan is 100%? Well, I have 130K - 150K all unsecured debt. Slightly more than 1/2 is student loans from myself and children. The remaining big chunck is CC's and unsecured personal loans. I can afford nothing other than the minimum payments which would take 20 - 25 years to pay off all my debt. I'd be in my 70's then. I have a solid base of retirement money protected in BK 13, and the idea of walking away after 5 years is a no-brainer. People petition for BK 13 for a variety of reasons. My filing is for "relief," a valid reason. With all the interest and fees associated with my debt, I can no longer afford to pay every bill every month. In fact, it appears that my payment $2200 - $2700 per month will leave me with a bit more cash to feed myself, take care of my autos, pay back a retirement account loan, etc. This payment seems high, but I'm already paying this every month; just not getting anywhere.
                          EXACTLY treehugger....!!!!!
                          you and I are in the same boat......

                          Comment


                            #14
                            Bk

                            Originally posted by CAB_44 View Post
                            well...it just proves to me what I was thinking was true when I read your post, davids.....
                            hhmmmm interesting........
                            no excuses here~ just a backbone and a conscience!!!!!!!!!!!!!!!!!!!!!
                            cheers!!
                            you wish to be judgemental, then be judgemental toward the
                            BK system, not the people that will no doubt take advantage of it.
                            its not like i woke up one day, I think i will run up 100k in debt and
                            write it off, for some, thats how it will end up... my arogant ass
                            attory and trustee will come up with the figures they show
                            what I will payback...

                            Comment


                              #15
                              Originally posted by davids View Post
                              thanks for labeling me as abusing the BK system, according to you, its something I planned, oh I think I will abuse the system today... and since some of us are not as educated as you nor do I have good job, I have no choice
                              weather I want to pay back or not...I have no education, schooling,
                              and only driven a truck which does not pay that good., I can also
                              say the system has not been that good to me either, but Im given
                              what I am given.... the BK was put in place for a reason, a person
                              can take full advantage of it, or not...IF BK is bad, then maybe it
                              should be removed from the system altogether, regardless how that
                              turns out, Im still going to sleep at night.

                              you just admitted you two have good jobs...maybe your
                              the one thats actually abusing the BK system....before you
                              start pointing fingers, maybe you should take a closer look in the mirrow.
                              Actually dvids....
                              my husband works TWO jobs, and I work outside the home as well.....trying to pay off our debt.......................
                              I hardly think I am abusing the system.....I have always worked.....since I was 16, and so has my husband...everyday~ because why??? WE ARE ABLE TO!!!!!!
                              Some are not able to...and I understand~

                              Comment

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