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    #1

    Retained attorney.....

    I feel so nervous, I just want life back to normal. We are about 18% over median for a family of 4 in Kansas. I just want reassurance that this will work, but of course there are no guarantees. The lawyer says he is pretty sure he can get us into a 7 but of course won't know for sure until he does everything for the case.

    We absolutely do not want to do a 13, we are Canadians in the US and I am of the opinion that if this doesn't work, we go back and walk away from everything here. I don't want to do that because in my opinion, this is the best country in the world but I could not stand to do a 13......

    So I am just venting, hashing things out, looking for reassurance....

    Anyone who was over median that had no problems or had problems, Iwould love to hear your experiences!
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    #2
    I am not over the median, but a suggestion from my experiance fighting with the creditors, look into your state to be sure but I am certian that in my state if you leave the country the statue of limitations is extended for the period of time that you left. So even if you did flee into Canada if you ever do comeback chances are pretty good that eventually the debt will catch up with you again.
    "Dont Piss down my back and tell me its raining."

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      #3
      Thanks, I will look into that, but I do not think we would ever come back if we left. Immigration is just too much of a PITA but that's a whole other legal board haha. But I do want to know how that would work because it is never a good idea to burn bridges.

      ETA, can't seem to find anything about that but I guess we can ask the attorney. Please don't get me wrong, we are trying to be responsible, but sometimes it just feels like you are backed into a corner. I truly never thought we would be in this position!
      Last edited by getouttathehole; 02-07-2008, 02:38 PM.

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        #4
        I only looked for a short period of time but leaving the country with a stack of debt is know as "tolling" and in most states it does stop the clock on the statue of limitations. I have even read of cases where creditors have managed to charge the debtor with criminal fraud (stealing by deciet). I will look around to find a link for you however I dont think that you are trying to be irresponsible, you like me are just looking for a way out of this hole that you are in. Im just saying you should make sure to investigate the legal situations you put yourself in no matter what you do.
        "Dont Piss down my back and tell me its raining."

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          #5
          Wouldn't creditors have to prove that we charged up the debt with the intent to leave the country to pursue fraud charges? That certainly isn't the case, and we didn't really even get much tangible out of our recent loans, they were just used to pay the monthly bills. I will seek our lawyers opinion on all of this, just in case.

          PS Are you Canadian?
          Last edited by getouttathehole; 02-07-2008, 05:21 PM.

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