Ummm...well...ur...okay...please help?

[deafbroke]

See more attorneys. Do not touch the 401k money. If you do you may haveo t osurrender the money ot the trustee. Leave it alone.

Your 2nd mortgage as far as I know cannot be unsecured. It's a mortgage secured by the property.

See if there is an income limit for filing chapter 7 bankruptcy. If there is, and you're above it, then do what you need to do to get below it, wait 90 days to 6 months, whatever an attorney reccommends and thrn file chapter 7.

As far as the cc's you can stop paying them. It will take at least 6 months before the creditors take legal action and you will have filed by then so they can't do anything at that point. Use the money to live on. Make sure you are going to file. I stipped paying my CC's and it took a year before creditors started legal action.

First thing is to talk to several attorneys. Make sure your income is withing giudlines for filing. Do that and come back and tell us what was said and we can go from there.

DB

[Frogge]

Welcome to the forum!

Well, I cashed out my 401K a couple years ago to pay bills and I wish I'd known better. I don't really need to say it again, but -- DON't do it!!

[Flamingo]

JustMeJadeD: You can bet you won't go wrong when 'Flamingo' states a case. One of our more intelligent moments was, read closely and slowly when 'Flamingo' posts. Thank you, 'Flamingo'. 'Hub

Awwww...thank you - you are so nice! Hope you are back to somewhat normal after that lightening hit!

[Flamingo]

That is awful!!!! It never even occured to me that this could happen! I guess when you've made the decision and/or thinking about filing BK, you are so scared of the unknown and looking for answers...thank you for being here.

That is why it is so important to educate yourself outside of a forum and get a good attorney. We never had anyone in our family file bankruptcy and none of our friends. I've worked in the legal field all my life but not with bankruptcy so I had no clue about it prior to investigating filing. We started going online to investigate a few things and back then BK's were not at an all time high until the tech bust of 2000/2001 hit and filings rose due to job losses and then 9/11. There were a few BK forums online then but I don't believe this one was cause we did not find it. People can be evil - one person had multiple ID's some of us on there later found out and would give out bad advice on purpose. That is what happens with unmonitored forums. We just learned the hard way and thank our lucky stars we only used my hubby's 401(k) and did not touch mine.

[Flamingo]

To the OP - you questioned selling items...Selling items on eBay, Craigslist or garage sales should not be an issue as long as the items are that - garage sale items. If you are selling high end collectibles or something of major value and you have it hooked up on eBay via your Paypal or any other account, including your checking, all that is easily traceable. There are a large number of threads on here about selling on Ebay, Paypal, etc. Do a search and educate yourself on the experiences and advice.