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Newbie - Starting Chapter 13

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    Newbie - Starting Chapter 13

    Greetings folks,

    First of all, let me commend the forum owner on a fabulous resource. It has been a wealth of information and I intend to visit here quite often as I begin this path to a new life. I also want to say thanks to all the people who post their wonderful words of experience.

    My situation is unique, as are the stories of many of you. I don't think it is necessarily as complex, nor as hopeless as many that I have seen. Nevertheless, it is still frustrating and depressing and I hope to get strength from resources like this as I step through this process.

    To be brief, I my debt situation is as follows:

    $35,000 in unsecured debt (6 credit cards)
    $371,000 in secured debt (Home, car & RV)

    I have a negative net worth, which is to say that I am completely upside down in everything I have. My household is currently 5 people (and 6 during the summer) and I am the sole provider. I live in the state of Washington.

    In 2006, I divorced a marriage of 16 years. I took all the debt and responsibilities (including kids) and she took all the assets (which was a lot at the time) and she moved away. In exchange, she did not press for alimony/maintenance. I still got the better deal because I have my kids and they are worth more than an anything to me.

    At present, I have no assets of any real value (some furniture and a few electronics, but nothing special). I have no jewelry, stocks, retirement or savings. I am currently living paycheck to paycheck and getting some assistance from extended family. Everything we have now was purchased after the divorce. I had to buy everything - beds, furniture, dishes, TV etc. because my ex took everything with her when she left. I bought a small house, combined two car loans into one new car and used credit cards to get everything else started. That started the debt spiral and brings me to my stage today.

    Unlike many I have seen, however, I have a good job with decent income. This is why I am looking at Chapter 13 (I doubt I could qualify for 7 with even the most liberal trustee).

    What I have done so far:

    Credit counseling (Clearpoint) - The woman who assisted me was very friendly, helpful and spent over two hours trying to come up with a workable budget for me. At the end of the consultation, she told me there was no way I was going to make it unless I let something go (foreclosure, short sale, surrender vehicles etc.). It was a good experience for me because it opened my eyes to reality and forced me to consider something I just couldn't stomach before: bankruptcy. She advised me to seek legal counsel, which is where I am at today.

    I have gone to one consultation with a local BK attorney. He basically confirmed what I believed to be the case: No way in hell I'm getting a Chapter 7. I make too much money to qualify, even for a household of 5. He wants approximately $500 to get started and the rest would come out of the trustee payments. I have mixed feelings about this consult, and the jury is still out. I am now in the process of scheduling some more consults.

    If you are looking for my question in this post, you won't find it. I have so many questions I don't know where to start, but many of them are being answered by using the "search" feature and reading responses already posted. Eventually, I will post more (questions and my experience as I go), but for now I just wanted to join the folks here and do a little intro. Now I will step off of my pity pot and get to work.

    Thanks!
    "It is better to have loved and lost than to have been married to the anti-christ for 16 years"

    #2
    Hi there and welcome to this forum! It sounds like you are heading in the right direction, so good luck to you and keep us updated
    May 2008 Hired 1st Attorney/Stopped paying CCs
    May 21, 2009 Retained 2nd Attorney
    May 28th - Filed for Ch 7 (FINALLY!)
    9/11/09 - DISCHARGED!!!!

    Comment


      #3
      Thanks for the welcome. I spoke to two more attorneys today. Both of them provided some insight into my situation and neither one would rule out a Chapter 7 yet, but of course said it might be tricky.

      One attorney told me I should consider a short sale of my house before BK (and subsequently gave me information for someone to contact who does that), but I have heard different views on this. Some say a short sale has no benefit, and in any event wouldn't it be better to do this after filing? I have more questions now than before.

      The other attorney told me to stop paying my credit cards and start saving money for a cushion in case I am pushed into the 13 filing. Since I intend to move and may let the house foreclose (or short sell or surrender), this might be necessary to do immediately so I can go rent a new place right away before my credit report shows a nightmare.

      There was also some concern regarding my household size because one of the children living there is not my biological child. Since I am not married, he said there is some debate as to whether they would accept that child as a dependent. The fact is that I am the sole source of support for him and he doesn't have a known biological father (none listed on birth certificate). I know this sounds like Jerry Springerville in my house.
      "It is better to have loved and lost than to have been married to the anti-christ for 16 years"

      Comment


        #4
        Originally posted by WhatHappened View Post
        Thanks for the welcome. I spoke to two more attorneys today. Both of them provided some insight into my situation and neither one would rule out a Chapter 7 yet, but of course said it might be tricky. Yes, it may be tricky, but you need an attorney that will fight for your best interest.

        One attorney told me I should consider a short sale of my house before BK (and subsequently gave me information for someone to contact who does that), but I have heard different views on this. Some say a short sale has no benefit, and in any event wouldn't it be better to do this after filing? I have more questions now than before.If you are going to walk away from your home anyway, why do a short sale? Doesn't make sense. You could stay in your home and let it go into forclosure. Some posters have lived in their home for up to a year (and saved that $$) before they moved on. With some many foreclosures right now, you may be able to stay in the home for quite some time. Is there a possibility that you can keep your home? The mortgage will help you on the means test.

        The other attorney told me to stop paying my credit cards and start saving money for a cushion in case I am pushed into the 13 filing. Since I intend to move and may let the house foreclose (or short sell or surrender), this might be necessary to do immediately so I can go rent a new place right away before my credit report shows a nightmare.True, but you couldn't stay there until they force you out and save all that money...

        There was also some concern regarding my household size because one of the children living there is not my biological child. Since I am not married, he said there is some debate as to whether they would accept that child as a dependent. The fact is that I am the sole source of support for him and he doesn't have a known biological father (none listed on birth certificate). I know this sounds like Jerry Springerville in my house.
        Springerville= LOL!!

        Good Luck
        May 2008 Hired 1st Attorney/Stopped paying CCs
        May 21, 2009 Retained 2nd Attorney
        May 28th - Filed for Ch 7 (FINALLY!)
        9/11/09 - DISCHARGED!!!!

        Comment


          #5
          Hi,
          Sounds like you've been through a tough time and I commend you for taking care of your kids. In the end, after all, it is "just" money and that isn't what you or your children will hold fast to as adults. Instead, the memories that you continue to create with them and for them are what matter.

          Comment


            #6
            Welcome. My husband was in a similar situation as you are long before we met. His wife left him with 4 kids to raise on his own, and I know it was really hard, you are to be commended for it, and I wish you the best of luck. All his kids from wife # 1 are adults now (we have a 14 year old still at home) but they know who they can count on when they need a hand, and how much their Dad loves them, which I know means everything to them.
            Filed CH 13 September 17, 2007
            Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

            Comment


              #7
              Thank you all for your kind words. This has definitely been a stressful situation and the information and stories have been very helpful. I have learned more about bankruptcy and debt management in the last 2 weeks then I did in my whole life.

              The good news is that today I feel empowered. I have options. I also have new communication skills in dealing with creditors. I don't shy away when they call my phone. I answer it and deal with them head on. I love it.

              So I did some research on short sales, and talked with a friend in the mortgage business. For my particular case, it makes absolutely no sense to short sell my house. I will get absolutely no benefit, and the extra burden of trying to let someone else save some money or make money off of my hardship is something I can't stomach right now.

              I also learned what types of creditors will work with me and how to talk to them. I am enjoying this because for the first time in a long time I took an honest look at my financial situation and discovered exactly where my money is going. The down side is that it has taken me away from my family by sitting on the computer and reading. It also has affected my job performance, but now that I have a better understanding of things I will be back to myself in no time.

              You folks have been great and I will share my experience more as I proceed through getting my life back. I haven't decided on the Chapter 13 yet. I am really borderliine and before I pull the pin on everything, I want to make sure I have exhausted every option (including negotiating with my creditors). I will keep you posted.

              Thanks!!!!
              "It is better to have loved and lost than to have been married to the anti-christ for 16 years"

              Comment

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