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    I'm lost

    I been on a CCS for 2 months now. I make $700 a month and struggling to live while paying out $426 of that to CCS. This is after starting the first month paying $350 and having an increase after one month. Terrific.

    Question is, I live with the parents, they don't give me any money but I live in their house. Also, they pay for my car insurance which is under my name. Plus, they pay for my tuition. That's all. Everything else from even buying household items that I want to use (toiletry, TV, even appliances) comes from my own pocket.

    Thinking of filing because struggling for money just distracts me from school. My parents can't really bear to pay any more for me than they already do. I mean my dad's the only one that works and he earns like at 30k a year in New York. The median here is like 60k I believe.

    So, when I file, do I just not list my car insurance, tuition, rent as expenses or do I have to add them into the mix. I don't want this to affect them in any way. Those guys work hard and I already feel so ****ed for getting into the mess anyway. The best would be that they wouldn't be factored in as being in my household. But I get that won't make sense because they claim me dependant on their taxes and I live there.

    I guess my long post here boils down to whether being a dependant on their tax forms create any problems for me filing myself.

    Again, helps greatly appreciated. I mostly visit this forum at around 4:00 AM when I'm stressing over if I should file or not and can't fall asleep. I just feel so lonely struggling alone here and afraid to tell to anyone. I'm going to tell my girlfriend of 6 years soon. Hope she doesn't leave me over this.

    So yeah, I wish to file for chapter 7 in a month or so. Get it over with so I could rebuild a financial life. Hope I don't involve my parents and they don't even have to know.

    I must sound so lost.
    Last edited by lrprn; 11-28-2006, 07:18 AM. Reason: Moved to own thread

    #2
    (Aizen, I moved your post here into its own new thread so you will get better responses.)

    All of us go through that lost feeling as we try to come to grips with the mess our finances are in. Glad you found us!

    Bankruptcy law and tax law are different areas of the law, so the fact that your parents claim you as a dependent on their income taxes doesn't cross over into your bankruptcy filing. Your own personal assets, debts, and expenses are what matters since only you are filing, not your parents. They won't be affected by your filing UNLESS they co-signed for some of your debt. If they did, then depending on the circumstances, they could be held responsible for paying that debt if you can't.

    What state do you live in? Have you lived there full-time for the past two years? How much debt and what kinds of debt are you trying to pay off through your debt management program?

    Start getting yourself "unlost" by making appointments with 3-4 bankruptcy lawyers in your area. Most give a free half-hour to hour consultation. Go in with a list of all your assets, debts, and average living expenses. You'll learn a lot plus find out if Ch 7 is a realistic option for you. Filing bankruptcy should be a last resort because of the devastating hit it makes on your financial life for the next 10 years. A lot can happen in your young life in ten years...you should file only if there's truly no other way out.

    Good luck - keep us posted on what you decide to do. Hang in there and keep coming back to ask questions whenever you have them.
    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
      Well I'm trying to pay back $15,000 dollars of increasing debt. It actually went up the first few months with the CCS. That's what worries me a great deal. It's good to hear thought that my parents wouldn't be dragged into this mess as it would simplify my case down to a straight no-asset case.

      I live in New York City practically all my life. The cost of living here is probably a little higher than a lot of other places. Hence, the $700 i take home every month doesn't really go too far. My gas alone costs me $150 and I barely drive out of the Queens, Long Island area.

      Anyway, what's the low-end of most chapter 7's? In my situation I'll probably go on price of the attorney and gut feeling. Anyone know a place where they help people in low-income families in New York City? Or a reputable site/place to look for lawyers.

      Again, I'm not set in stone on filing, but I don't want to be setting myself back, paying the CCS for a DMP that accomplishes nothing.

      Comment


        #4
        Originally posted by Aizen View Post
        Well I'm trying to pay back $15,000 dollars of increasing debt. It actually went up the first few months with the CCS. That's what worries me a great deal. It's good to hear thought that my parents wouldn't be dragged into this mess as it would simplify my case down to a straight no-asset case.

        I live in New York City practically all my life. The cost of living here is probably a little higher than a lot of other places. Hence, the $700 i take home every month doesn't really go too far. My gas alone costs me $150 and I barely drive out of the Queens, Long Island area.

        Anyway, what's the low-end of most chapter 7's? In my situation I'll probably go on price of the attorney and gut feeling. Anyone know a place where they help people in low-income families in New York City? Or a reputable site/place to look for lawyers.

        Again, I'm not set in stone on filing, but I don't want to be setting myself back, paying the CCS for a DMP that accomplishes nothing.
        I am in Brooklyn but would not recommend my laywer to my worst enemy. But Downtown Brooklyn area has a slew of BK attnys. You automatically have to pay the $299 court filing fee and lawyer fees range from about $750 to over $1000 for a single filer from what I have seen. I went cheap and got what I paid for! Try this link for NY area http://www.abcny.org/Publications/bankrupt.htm
        Dena Ch 7 (Joint)
        FILED Oct 23 2006
        341 meeting Nov 16 2006 DONE!!!!

        Comment


          #5
          New York would probably have large Courts near the big cities. That would mean several Trustees per Court.

          Google for the home Web Page of your District's BK Court. See who's on the list of Standing or Panel Trustees. Many Trustees are attnys who will represent people in BK thru their private practices. Maybe schedule a Consult appt with one of the Trustees.
          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


            #6
            Anyone else have a recommendation for where to look for lawyers in the New York City, specifically Queens County area?

            Thanks

            Comment


              #7
              I would highly recommend the lawyer that my wife and I used. He is a bit upstate from NYC, but did a great job for us and was very fast. He was very reasonably priced (we filed under old law) and did everything that could be expected. PM me if you want his info.

              -Viper
              State: New York
              Filed: 10/7/2005 :(
              341: 12/9/2005 :clapping:
              Last day for Objections: 2/7/2006 :yahoo:
              Discharge & Closed: 2/17/2006 :D :D :D

              Comment

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