How bad will I get hammered?

[brokeinfl]

My situation is going from bad to worse. My 6 year old son has been diagnosed with asthma and MD has recommended ripping out all carpet, especially on our bottom floor that has been flooded in the past. I've got to spend the money to replace carpet, (4,000) but I fear this will put us over the edge. If I have to file within 6 mo. or so, will they try to put me in jail or just make me pay it back in Chap 13??

[optimistic1]

Who is they? If you charge it and let 6 months pass by I dont think it will matter, but Im sure someone on here will disagree with that statement.

Worst case scenario, rip out the carpet, and instead of putting new carpet back in.

Acid stain the concrete, there are lots of do it yourself kits that can make your concrete look fabulous, without all the fuss of carpet.

Depending on your sq. footage, it shouldnt cost you more than 500 bucks.

http://www.directcolors.com/ConcreteStain/Acid_stain.htm

I carpeted my whole house, although it is small, I found a illegal immigrant that did it for about 30% of what Lowes and Home Depot wanted. You need to ask these guys you see on the streets and freeways that have rolls of carpet on their truck. It is way cheaper than 4 grand.

Everyones situation is different, I couldnt tell you if you even qualify for Chapter 7, and if you did a 13, if you even had to pay an unsecured claim for putting carpet in.

Too many complexities, I hardly understand it myself.

[BigJohn]

I had asthma in the past. It is not fun.

If the carpets have been flooded (loaded with mold), the only thing you can do is take the carpets out.

PLEASE, don't replace the carpet. The fumes from the new carpet will only make your son worse. REPLACE THE CARPET WITH CERAMIC TILE.

Home depot has a nice tile that is $.67 per square foot. Check the box. Get the brand that is from Thailand instead of the brand from Mexico. If you study the material carefully, you should be able to lay the tile yourself without any problem. Cost of tile and material is about $1.00 per square foot and a tile saw will set you back less then $100.00.

I would tackle this problem as soon as possible. Even if you charge the tile and labor to a Home Depot card, I don't think they will come and tear the tile up and replace the tile with the carpet they threw away. Worst case scenario is you might have to pay this charge, without interest, thru your Chapter 13 plan. If you get the work done now, wait 3 months after you make the purchase to file.

[woeisme]

I don't get it. You say you have the money to do the carpets ($4000). Do you actually have the money, or the credit? If you have the money, how you choose to spend it, it shouldn't be an issue with your BK in 6 months. (keep doctor's note and receipts if trustee asks where $ went). But "they" can't put you in jail for your choices of how you spent your own money, even if you owed "them" a debt.

[NowImDownInIt]

Anyway, no one can put you in jail in this country over a debt. There is no debtor's prison in this country.

[brokeinfl]

Sorry for the misunderstanding, no cash it would have to go on credit. I guess I will have to wait as long as possible to file as this will most likely be my coffin nail. Thanks for the responses, I'm definately freaking now. On one hand I feel really guilty knowing I probably won't be able to pay this back in full. I have always paid my debts, but last year was the year from hell. Looking at the forum I see many people have had similar problems, but I will do whatever I have to for my son and was also wondering if medical records made a difference in the eyes of the law. I guess I will find out.

[NowImDownInIt]

I think you should go ahead and get it done. Make a few good faith payments, wait 6 months if you can, and then file. The worse that could happen is that the CC company objects and you have to pay the charge back inside the plan interest free.

[aa06a47]

I believe if you keep all the notes from the doctors / ect / it could not be construed as a "luxury" expense...just my opinion. It would be for medical reasons and should be discharged in bankruptcy.

[MajorMike]

I think you should go ahead and get it done. Make a few good faith payments, wait 6 months if you can, and then file. The worse that could happen is that the CC company objects and you have to pay the charge back inside the plan interest free.

Or outside the plan at an amount set by you, the creditor and your attorney like I do. I have to pay Amex $4,000 when it all discharged in 3 1/2 years at $200 a month for 20 months. It's not that big of a deal....
I'm going to start putting aside money next year so when I'm discharged, I can put $2,000 down right away and be 1/2 done with it! LOL

[AngelinaCatHub]

I don't get it. You say you have the money to do the carpets ($4000). Do you actually have the money, or the credit? If you have the money, how you choose to spend it, it shouldn't be an issue with your BK in 6 months. (keep doctor's note and receipts if trustee asks where $ went). But "they" can't put you in jail for your choices of how you spent your own money, even if you owed "them" a debt.

I have two points regarding this decision: First the Doctor can be asked for an actual prescription to remove the carpet. I agree that no new carpet should be installed as the glue and the same problem as dirt, dust mites, mildew, etc. can again happen. Leave the floors naked of you must. Cheap linolium could be gleaned. There are things like cheap take the back off, tile until things improve. Your last thought should be what bk expects. Get your child safe, and you and hub can rip that carpet up yourself. Be wise to put your child elsewhere for the day as it will be a dirty job. Get a tile knife and cut it out in sections. There will be rubber cushion stuff undernieth. It has to go then a good washing of the floor. I suggest a lot of bleach and ventalate the place. Old clothes please and goggles. Mask won't work with bleach. The bleach does two things, it kills any mold or mites and also it inoculates future mold. It will take a day to stop the smell of bleach but at least it is a clean smell. 'Hub