Rent-to-own items and bankruptcy

[GIMR]

Hello,

I'm filing chapter 7 pro se, because I had a stroke back in April that cost me about $47K. My total debt is $55K, but I had gotten myself on a plan to have a good deal of that paid off by last month with money saved in the bank....before I got sick.

Now I'm faced with all these bills, and I just can't take this debt. Credit counseling to me is not an option, I didn't ask to have this stroke, I'm only 26, not to mention this all came about due to a work-related issue. I want nothing more than a complete fresh start in the new year, no debt, better job, better health.

I've gotten most of my paperwork filled out, but I have a laptop (that I'm on now) from Rent-a-Center that I got in the summer of 2006 for school. My credit was such that I could not finance one, and I didn't have enough money to buy one at the time. This seemed like a viable option.

The problem is, these people do not want to work with me when medical needs arise (one of my medications is not generic and I have sucky insurance, so I end up paying $250 a bottle for this stuff that I do need), or I don't get paid as much as anticipated (I'm working as a temp right now). I don't feel this is fair. If I include this on my bankruptcy, what will happen? Am I even allowed to do this? I've put too much money into this thing (just over what it's worth) to give it back, but at the same time, I'm tired of them thinking I need to pay them before I eat or get my medication.

Advice?

Thanks.

P.S. When going to file pro se, how do you start? I've gotten all the info I need, but do I just take the stack of forms and the fee to the courthouse, or is there more involved? I'm kind of afraid to initiate this, because I don't want them to kick me into a chapter 13 (98% of my debt is old and new medical bills, I've been sick for a while), and I don't want my case audited.

[keepmine]

The computer is a secured debt and if rent-a center pushed it, they could get it back. They can't ask for money but, they can get the computer if the want it back.
Were i you, I'd stop paying all creditors that you wish to discharge and use the money for a lawyer.
For ex.have you done the credit counseling that is required prior to filing.

[guzzie]

hello and welcome.....sorry about your health issues at such a young age...these people are here to help you.......good luck

[JRScott]

Okay slow down a moment, not sure what all you've done.

First up:

The computer is from the summer of 2006. Most likely it is not worth anything at this point, how old was it when you got it from the Rent a Center place? Most computers depreciate such that it probably is worth way less than what you owe.

Second up:

Many court districts in addition to the normal federal bankruptcy papers have local forms as well that need to be filled out. You should first call or visit the local clerk of your bankruptcy court and ask what local forms are required. Some are more helpful than others in assisting pro se filers.

Third up:

Make sure you have the following:

Last 6 months of paystubs
Income tax returns from 2004, 2005, and 2006.
Copy of the most recent bill for each creditor
Copy of any 401ks or retirement statements you might have
Copy of your most recent bank statement(s)


Good Luck and there are several Pro Se filers here that can give you some more pointers I hope

[GIMR]

Hi All,

Thanks for the advice. I have the forms, the pay stubs, bills, and tax returns. I need to make an appointment with Consumer Credit Counseling, I'll probably do that in the next week or two. They're not far from where I'm working now.

Unfortunately, I'm not paying any creditors, with the exception of one credit card, and I only agreed to pay that because it was secured, and that money could go towards the balance, with the remaining payments spread out over the next three weeks, which is stretching me, but I got tired of them calling my house all the time. The other bills, those are either so far into collection (the old medical bills) or too new for the people to be calling.

Money is really tight right now. I'm looking forward to this bankruptcy so I can make a new start in the new year. Hopefully it'll go through without a problem.

I appreciate the help!

[JRScott]

Is the amount you are paying the one creditor going to exceed 600 dollars in the 90 days prior to filing. If so then you will have to list that and most likely the Trustee will go and seize the funds from that creditor. I would list that card as well in that case even if currently a 0 balance at the time of filing.

[KellyBerg]

How does the trustee know what you paid 60 days prior to filing? Shoot, I don't even know off hand. I know my amex payments alone are that in one month. I heard they don't go back tooth and nail to pick apart your bank statements of payments.

[cathywhite4495]

How does the trustee know what you paid 60 days prior to filing? Shoot, I don't even know off hand. I know my amex payments alone are that in one month. I heard they don't go back tooth and nail to pick apart your bank statements of payments.

There is a spot on one of the forms where you have to say if you've made payments greater than $600.

KellyBerg, I would highly recommend the Nolo book. It really spells out the forms and steps you need to take. I'm a pro se filer and the Nolo book and this forum have been extremely helpful! Reading the book will also help you to have an idea about what you're getting into and if you are comfortable filing without a lawyer.
Good luck and welcome!

[GIMR]

Is the amount you are paying the one creditor going to exceed 600 dollars in the 90 days prior to filing. If so then you will have to list that and most likely the Trustee will go and seize the funds from that creditor. I would list that card as well in that case even if currently a 0 balance at the time of filing.

Yeah, the amount definitely exceeds $600. So do I list them as an unsecured debt or as an unexpired lease?

I went down to the bankruptcy court today to see if there was anything I'd missed, the people were really nice, and I guess I've been on the right track all along, just afraid to get moving. I plan to pay my fee in installments starting next week, if I can get all the forms filled out.

The NOLO book is at my local library which is a block up the street from me. I've been reading it (sadly I can't check it out), and it's definitely helpful. I just couldn't find anything on that one issue.

Once the stay goes into effect, are these people allowed to contact anyone in relation to me? Because they had "references" they called about me, and I don't want them harassed, you know?