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    Anexity getting the best of me?

    Im meeting with my lawyer to sign my petition Friday and I'm sure when I get to go over everything with her and talk thinga through I'll feel better but I have extreme anxiety and have kept myself up at night reading as much as I can online about everything ..i debated for days posting here but I figure what do I have to loss ..maybe I will get piece of mind . I just turned 30 this year and I'm in around 31,000 of debt all credit cards . all of which I have never ever missed a payment on its just all getting to tight to manage. I work part time and all my income goes to my debt, my fiancee pretty much covers our living expenses working full time ( I am looking for more work and also am training to get a full time position ) most of my debts come from the thinking of " we need this I dont have cash I'll pay it off when I get paid" but my hours can vary as I work by appointment and haven't been steady in two years ..i have no assets everything I own is old and was given to me or we buy thrift shop stuff when we need. Clearance is my friend ..i really have nothing worth much ..my biggest concern has been when I applied for credit cards I never put solely my income I always inculded my finances as I saw all most all things said you could put your household iincome ..a lot of my cards are old give or take one or 2 but I always put somewhere between 30 and 40 thousand which at some points we didn't make but as of of last year combined we do make over 40 now . I told my lawyer about this over the phone and she told me not to worry ..i guess I'm feeling like so far this process has been too easy for me and I feel like i have to look for something to go wrong .It seems to good to be true that I will just be free of this debt after struggling so long with it . I'm hoping that the fact that I've never missed payments and my only bills in collections are a few medical bills ( which I didn't even know I had they were accrued when I was on my fathers health insurance and my mom kept them from me ) will mean that this will be a simple case and I will get discharged? I'm sure when it comes time to have a date for my meeting of creditors I'll be a nervous mess but right now I feel okay about it ..ive laid everything out on the table .I think alot of my feelings are coming from guilt of not being able to handle this all on my own because I do believe i should own up to my actions but I can't go back now .

    Rambling anyway does anyone see any issues with my case thus far? Should i stay off the internet and stop looking at ways I'm going to be arrested for things i didn't do? 😆 that's how far my brain has gone with this always looking for something to worry about .

    #2
    Don't worry! Your case sounds a lot like mine, I had $29,000 in credit card debt, no assets, and everything went just fine. If your attorney says don't worry about it, then it's nothing to fret over. She's a pro and knows what to be concerned about and what won't matter. Right now all the trustee cares about is if you have any assets they can sell to pay the creditors and if you're hiding any assets or charged a bunch of expensive stuff right before declaring bankruptcy so you wouldn't have to pay for it, which is fraud. Doesn't sound like you did any of that, so you should be good!

    Ask your attorney questions, be honest, be prepared, and you'll be OK!! Good luck!!

    Comment


      #3
      Just ask questions until you are comfortable. Bankruptcy is usually an easy process for Chapter 7s and especially when you are below-the-median and not attempting to discharge a ridiculous amount as I did (over $1,000,000.00).

      This is a good reset button for you and for you to change your spending habits. Bankruptcy will either teach you how to be more wise with your money, or teach you that the reset button will be available again in 7 years.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog


      I am not an attorney. Any advice provided is not legal advice.

      Comment


        #4
        Anxiety is absolutely getting the best of you. I know where you are coming from. The decision to file bankruptcy can be associated with all kinds of feelings of doubt, shame, and fear. DON'T WORRY! Unless you are just straight up lying and hiding assets you have 0% chance of going to prison. I am filing an non-consumer case related to a failed business with a partner and I was so worried that the trustee would look at my spending habits and decide that I don't deserve a discharge that I started losing sleep over it. I didn't really feel better until I "over disclosed" to my attorney and asked him to look at a bunch of records that he did not even request. After he saw everything, I felt much better.

        You have to look at the statistics. The number of people per year that are actually sentenced to prison time for bankruptcy fraud is around 20 out of millions of filings. The vast majority of cases sail right through without a problem. Just do your best to be honest and if there is any minor mistake or something it will most likely not be a problem. Tell your attorney everything and ask them if there is anything you need to worry about. It will help you sleep better at night. You won't go to jail unless you know you did something really egregious

        https://www.irs.gov/compliance/crimi...nkruptcy-fraud

        Lastly, drop the guilt. Bankruptcy is a legal and financial consideration. Your creditors certainly don't make moral decisions. They make business decisions. They are not losing any sleep over you and your family so you should not lose any sleep over them.

        Comment


          #5
          Originally posted by Swolfe12 View Post
          Rambling anyway does anyone see any issues with my case thus far? Should i stay off the internet and stop looking at ways I'm going to be arrested for things i didn't do? 😆 that's how far my brain has gone with this always looking for something to worry about .
          I have been and STILL AM in your shoes. We filed at the end of Feb and we have our meeting early April. I am getting anxiety.... some days are good and then some days has me laid up in bed and scared to death. Our lawyers office told me to stay off websites like this , BUT I have gotten much needed advice that has helped me understand better about the process. Things I have read on here have not been true in my case. Maybe Tennessee is a lot less strict but every issue and concern I have had, ended up being a non-issue. However, my anxiety is not going to let me rest until this thing is over. I can say that your situation is not going to be the same as someone else that you read and try not to get so worked up. We have been dealing with this since November and we are so close to the end. Maybe we could have tried harder to pay off our debt, but it was just hopeless in our eyes and we have three kids and living expenses just keep going up. My husband felt that it was in our best interest to get this fresh start for our children and our lives.

          Good luck to you!!

          Comment


            #6
            Thank you everyone reading the replies here really helped my nerves . Im on my way back home from meeting with my lawyer and she wasn't the least bit worried about anything and said my case was very straight forward and she doesn't see why any creditor would object .She thinks my meeting won't last more then 2 minutes ..filing my paperwork Tuesday afternoon and we go from there ..i think I feel a lot better after meeting with her ..hopefully those feelings stick until I finish this process .
            I hope all your cases for those of you still going through are smooth sailing . I'd love to keep updated to know how things go for you .

            Comment


              #7
              Glad to hear you feel better. One thing I learned is when the lawyer says not to worry, don't worry!

              Comment


                #8
                Good luck!!! My case was the same way, no assets and none of the creditors objected. The 341 meeting goes very quickly, it'll be yes and no questions for the most part. There's a page on this site devoted just to the 341 meeting, there are lots of helpful tips in there!

                Comment


                  #9
                  So question that has been on my mind this weekend I know your not supposed to use any cards within the last 3 months before you filing. I'm filing next week and in March there are absolutely no charges on any of my cards now in February and January a couple of my cards had some usage nothing over 100 total in one month.I think the most that was spent on one card was 95 dollars to take mt dog to the vet . One of my other cards had 20 dollar charged every month for a subscription that I forgot to cancel but did once i knew 100% I was going to do this . I feel like im not extrememly worried about it my lawyer at first had said something about waiting 3 months to file when I first talked to her then I sent her everything and after she looked into it she said saw no reason why we we couldnt file now . none of my charges were for anything fancy or anything at all like that I can say anything that was used was either because I had no other choice ( my dogs vet bill, had to buy 70 dollar prescription food for her) there was one or two grocery charges - less then 40 bucks and on my PayPal account I had a few random charges in January and febuary I know it was some cheap gifts for people a book and a set of cards . again nothing over 100 in one month and I never stopped making payments to anything until this month ..i think thats thr one thing that keeps me feeling good that i was never behind on anything at all my payment making only stopped last week .

                  My lawyer said it so I assume I should just be confident in what she said ..like i said at our meeting Friday she had abousletly no concern reguarding my case said it was straight forward and no one should object .

                  Another thing on my mind and my fiancee and I live in a house with a roommate which I told my lawyer about but she said she was not including our roommate in the petition and only my fiancee is listed as my dependant .Another thing i have made sure i told her multiple times about but failed to ask why exactly she wasnt included in it ..now that i think I about it i think she said since my roomate doesn't pay towards any of my debt. But the thought came to me that my roommate does send us money every month for her portion of the rent ans that is in our bank statements on the joint account I habe with my fianncee ( which my fianncee is listed first on that account ) so wouldnt the trustee see that?

                  This has been crazy on my mind .I'll have sort bouts of feeling fine and then I'm online looking at stuff .Its been the first thing I think of when I wake up and the last thing i thinj of before i fall asleep ..a lot of my mind set has changed to just repeating what she said to me at the meeting we had .."itll be fine"..."no one will object ." "Bankruptcy laws were literally made for people like you".." Its a pretty staright forward case" I keep trying to keep all that stuffed locked in but here I am all weekend coming up with a list of questions to ask her Monday . how do you guys just let it go I feel like its going to be a long 3 months ahead of me .I wonder why I'm putting myself through this but then keep thinking its all gonna be okay in the end and all this worrying will be for nothing . maybe I just have to stay off the internet and stop looking at stuff ..ive convinced myself I should probably stay away from thr pacer site so im not checking it a million times. I keep thinking what the lawyer said and how everyone here is always saying listen to your lawyer . I guess its just a bad day in my mind . I just want to stop thinking about it 24/7 . Im driving myself crazy .

                  Comment


                    #10
                    Despite what it seems, there is no hard-and-fast "rule" to not use credit cards within 90 days of filing. There's just a presumption that if you spent over $650 (it adjusts yearly) from a single creditor, purchased luxury goods, or received cash advances over $950 (in aggregate over 70 days)... before filing... then the creditor has cause to seek the non-dischargeability of those charges. I spent even up to the week of filing, because we were not in a good place. I spent on gasoline, food and other necessities (no luxury goods). I didn't spend over $500 to any single creditor even though those were necessities. (Note: when the new bankruptcy code came out in 2005, the amount to a single creditor was $500. it is now $650 due to automatic adjustments in the bankruptcy code.)

                    The real fact is that a person shouldn't continue to use cards, knowing that they're going to file for bankruptcy and more certainly after having a consultation with a bankruptcy attorney. It's to prevent the appearance that a debtor ran up the debt on the even of bankruptcy, knowing that they would never need to pay back the debt.

                    Roommates only "count" to the extent that they contribute or offset your expense. if your roommate doesn't pay a portion of the rent, gas, electricity, water, garbage collection or your car payment, then they are not offsetting your expenses. Technically no one but a legal spouse is "included" for purposes of Schedule I income. As for the offset of expenses, on Schedule J, the attorney will "include" the offsets to the expenses by reducing the gross expense (such as rent) by the contribution of the other non-filing persons residing in the same home. (The lawyer is avoiding the roommate as counting for purposes of the household size because a Trustee may dispute the number, although the IRS rule is heads on beds.)

                    Maybe the attorney didn't realize that the Roommate "offsets" your rent. If they do, then I might argue that the Roommate should count in the "heads on beds" (household size) as well. (Again, your attorney may just want to avoid this contentious area.)

                    It's going to be okay.

                    Bankruptcy is a way to hit the reset button. The famous, the rich, the not famous, the not rich, major stores, and just about every car manufacturer and airline has done it at least once.


                    Last edited by justbroke; 03-24-2019, 11:38 AM.
                    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                    Status: (Auto) Discharged and Closed! 5/10
                    Visit My BKForum Blog: justbroke's Blog


                    I am not an attorney. Any advice provided is not legal advice.

                    Comment


                      #11
                      Filed Febuary 26th . Meeting on April 24 late in the day which blows! Hoping for the morning to get it out of the way ..Hopefully I won't be anxious all day . I keep telling myself it'll be a breeze like everyone says its going to be .

                      Justbroke - I spoke to my lawyer about the roommate thing before we filed and she said she believed the way she had everything was fine - my rent is split in half and my petion only lists the amount I pay not the total like you mentioned, so she said as long as what my roommate gives me goes toward what she pays and not in my pocket or towards my bills shes fine with how it is .

                      My lawyer is also not a bit worried about my spending before filing because it was so little .

                      Its been weird ..easier to push everything in the back of my mind now ..most of my credit accounts have been shut down already but I find if im not focusing on something I'll start to think about it all and worry . I literally have no idea why and its annoying because I do 100% believe I have nothing to worry about .. Hopefully more of those feelings will pass after my meeting . i just cant wait to be done with all this .

                      Comment


                        #12
                        Originally posted by Swolfe12 View Post
                        Filed Febuary 26th . Meeting on April 24 late in the day which blows! Hoping for the morning to get it out of the way ..Hopefully I won't be anxious all day . I keep telling myself it'll be a breeze like everyone says its going to be .

                        We filed Feb 28th, and our meeting is tomorrow!!! I am a little anxious, and like you, we got a late afternoon appointment. I was thinking, oh we'd get a early morning appointment and we wouldn't have to have a sitter for all of our kids because two would in school and we just need a sitter for one child... nope! Well, we have a sitter and our meeting is the last of the day, so now we have to wait all day and think about it. haha! My thinking is, maybe after being there all day long, they will be over it and be ready to go home and it will be quick and easy.

                        Comment


                          #13
                          Originally posted by lkhmom View Post


                          We filed Feb 28th, and our meeting is tomorrow!!! I am a little anxious, and like you, we got a late afternoon appointment. I was thinking, oh we'd get a early morning appointment and we wouldn't have to have a sitter for all of our kids because two would in school and we just need a sitter for one child... nope! Well, we have a sitter and our meeting is the last of the day, so now we have to wait all day and think about it. haha! My thinking is, maybe after being there all day long, they will be over it and be ready to go home and it will be quick and easy.
                          Good luck to you! I hope it is quick and simple like everyone says. Please let me know how it goes!

                          Comment


                            #14
                            Originally posted by lkhmom View Post


                            We filed Feb 28th, and our meeting is tomorrow!!! I am a little anxious, and like you, we got a late afternoon appointment. I was thinking, oh we'd get a early morning appointment and we wouldn't have to have a sitter for all of our kids because two would in school and we just need a sitter for one child... nope! Well, we have a sitter and our meeting is the last of the day, so now we have to wait all day and think about it. haha! My thinking is, maybe after being there all day long, they will be over it and be ready to go home and it will be quick and easy.
                            Good luck!!! If it's anything like mine, it'll be over before you know it!

                            Comment


                              #15
                              Here is my review from today if anyone is interested in reading how it went.

                              https://www.bkforum.com/forum/before...day-is-our-day

                              Comment

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