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What if i Do Not File Chap 7?? (no assets)

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    What if i Do Not File Chap 7?? (no assets)

    I hava a 1988 Ford truck and raggedy clothes,thats all i own.Its been 6 or 7 months since i made a payment to my 5 credit cards and i am not working.

    What if i do not even have the money to file?? What can they take?

    I understand that when i finally get a job they will take money out of my check but what about now?

    I heard pretty soon the Sherrifs are going to deliver me something,maybe to appear in court oe something? What...just tell the judge i am not working (nicely of course) and i do not have money to pay back nor file?

    I owe about $15,000 credit debt

    Any advice or any CHEAP attorneys in Atlanta would be helpful,thx.

    #2
    Well the sheriff thing is not a good sign. Sounds like someone is going to sue you.

    Comment


      #3
      You can file a chapter 7 yourself and since you have no assets other than the vehicle and you are not working...you wouldn't have a problem with a chapter 7. The filing fee for a ch7 is $299 not including the cost of the credit counseling before you file or the debtor education after you file. If you do some research you will learn quite a bit of info to help you along the way. Also in hardship cases such as yours (no income) you can petition the court to have the $299 fee waived or set up for payments. You can call a few bankruptcy lawyer in your area and set up some consults they are free, that way you can see where you stand.
      "Try to save money. Someday it may be valuable again." - Anonymous

      Comment


        #4
        Originally posted by FilingOnMyOwn View Post
        Well the sheriff thing is not a good sign. Sounds like someone is going to sue you.
        Dittos.

        And then you could have Judgement or a Lien on your truck floating around out there to haunt you until you take care of it.

        If you aren't working, and haven't been for a while,.......... You might qualify for assistance from your Local Legal Aid. You could get the benefits of using an attny without paying for the service.
        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


          #5
          I have also heard about assistance... good luck to you. I had a sherriff at my door a month or so ago and it isn't a pleasant experience, no matter how nice he/she is!
          3/27/07: Chapter 7 Filed - Pre-filing true FICO (hers/his) 450/477
          5/10/07: 341 Meeting DONE! Trustee's Report of No Distribution Filed
          7/04/07: FICOs going up! Credit report cleanup (hers/his) 540/536
          7/10/07: DISCHARGED! 8/27/07: CLOSED!

          Comment


            #6
            It depends on your circumstances. Are you going to get back working again any time soon? Do you have enough to live on?

            IF the answers are no, then, unless you can get free legal aid, it makes no sense in coughing up $1500 that your need to live on. You might as well wait till your prospect improves to the point where you have something worth protecting. Because if you have no asset and no income, you are judgement proof. They can sue all they want and it wouldn't change a thing. You can't get blood out of rock. And if you need whatever saving you have to live on, then it would be ill advised to use that up to file. Being debt free but destitude, is hardly a winning strategy.

            You can contact the Attorney General's office of your state. They have a consumer affair division that can offer you assistance or advice, free of charge.

            Comment


              #7
              Right now focus on getting a new job.
              Sure, your creditors can sue you, but it doesn't change anything. You have no wages to garnish and it would be very unlikely for anyone to get the truck.

              When you're back to work, then consider bk.

              Comment

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