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    To file, or not to file

    I've been seriously considering filing chapter 13. Here's my story:

    About 4 years ago, I was laid off from my job, and couldn't find another decent paying job up until a little over a year ago. I've also had to go through surgery and have a pretty hefty medical bill that i'm currently making payments on, I have car payments, and students loans as well, all up-to-date. Everything is fine now, however, a couple of my credit card bills went unpaid during my unemployed time. Eventually one went to court, and recieved a judgement. No biggie, its small enough to where i can pay it off before the end of the year.

    I have a fairly large one who just started calling me saying they're going to sue. I've recieved a letter in the mail from the lawyer and everything. I've tried to offer payments and they're not taking them. I went as far as just sending them money, and it doesn't look like they're accepting anything, since I mailed them 2 payments over a month ago and they haven't been deducted from my account.

    I have no assets, except a car which is probably worth about $1500 if that. I own no property or anything.

    If I go to court again and recieve another judgement, i'm pretty much screwed financially. i don't want my bills that i'm up-to-date on suffer because i have to pay another judgement, or because my wages are being garnished.

    i don't know what to do. any advice would be awesome.

    #2
    How much in debt are you TOTAL, including all credit cards, unpaid bills, etc?
    Date Filed: 12/19/2004
    341 Meeting: 2/8/2005
    Date Case Confirmed: 7/12/2005
    Closed on Refinance/Chapter 13 Buyout 8/23/06

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      #3
      probably around $30,000 to $35,000, including all student loan, hospital, car, and unpaid cc's.

      Comment


        #4
        Originally posted by ::dorkout::
        probably around $30,000 to $35,000, including all student loan, hospital, car, and unpaid cc's.
        How much money do you make, salary?
        Date Filed: 12/19/2004
        341 Meeting: 2/8/2005
        Date Case Confirmed: 7/12/2005
        Closed on Refinance/Chapter 13 Buyout 8/23/06

        Comment


          #5
          well they have the right not to accept payments if they want. but sounds stupid to me.

          i wonder if having an attorney help you out and call them would work. if you want to pay all your bills and not file bk you are going to have to figure something out.

          how much do you owe them? how much did you offer them?

          i wonder if you used an attorney or maybe a credit counseling service to work it out if that wouldnt help.

          be careful becuase CCC might but a ding on your record that makes your credit look bad. but you are already in collections.

          given that, what do you mean you dont want to mess with debts you are current on? in what way?
          Im not an attorney or a trustee. You cant trust me either though!

          [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
          [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
          [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
          [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

          Comment


            #6
            i owe $7000 to this particular company. i offered payments of $200/month. it is what i can afford comfortably. Then when they said they can get wage garnishments for 25% of my income-- approx. $125 a week, i offered to pay that to see what they would say and they still wouldn't accept it. This would be extremely hard, and would cut into my bill paying budget. By messing with my bills, I mean, cutting into the budget I've already set aside to pay all my other bills, and therefore making me default on something else.

            i make about $38,000/yr.

            what i'm doing right now, in case they try to take me to court, is stock piling money to try to pay off a couple of the smaller bills. so if wage garnishment were to happen, it won't be a big deal.

            but i'm afraid if they get the judgement before i have a chance to get rid of some of them, then i'll be screwed.

            This is all very frustrating. I'm trying the best I can and feel like I'm being punished for not being able to find work 3 years ago.

            Comment


              #7
              ok got it now i see.

              get free appt with atty on the assumption you want to file bk. its free. and thety will be able to guide you on if they can just help you deal with this one company.

              also, reasearch CCC agencies. they are good at dealing with creditors and will usaully work with the,. prob is that gets notated on your credit report - i think, but its already showing collection so who cares maybe - and maybe there is a fee as well? help anybody?

              in the meantime going to an atty, several actually, will help you see about chapt 7 and 13 as well.
              Im not an attorney or a trustee. You cant trust me either though!

              [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
              [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
              [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
              [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

              Comment

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