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Ch.7 dismissed due to "abuse" AND "totality of circumstances"

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  • OhioFiler
    replied
    Luci, those are very kind words. Thank you so much!

    Leave a comment:


  • LuciluS
    replied
    Originally posted by OhioFiler View Post
    You could take every dime I have away from me and I would still be wealthy. I have a fantastic marriage, great kids and good health. Everyone's definition of wealth is different I suppose.

    In my line of work I deal with customers with lots of money and those who are looking for a second nickel to rub together with the only one they have. I see every one of them exactly the same regardless of net worth, education, car driven or square footage of their home. They all have the same problem I am there to help them with.

    I dislike those who flaunt their success as much as I dislike those who express their envy with bitterness, jealousy or rage.

    Touche! OhioFiler: you have a gift...one of writing such eloquently posts.
    You give hope to those who are wavering on filing Bankruptcy. You give statistics to those who need help with Bankruptcy. You post words of encouragement for those who are in the Bankruptcy process and lastly you congratulations those who have received their discharge or closing. Thank You OhioFiler.

    Luci

    Leave a comment:


  • NoMoreCards
    replied
    Originally posted by OhioFiler View Post
    You could take every dime I have away from me and I would still be wealthy. I have a fantastic marriage, great kids and good health. Everyone's definition of wealth is different I suppose.

    In my line of work I deal with customers with lots of money and those who are looking for a second nickel to rub together with the only one they have. I see every one of them exactly the same regardless of net worth, education, car driven or square footage of their home. They all have the same problem I am there to help them with.

    I dislike those who flaunt their success as much as I dislike those who express their envy with bitterness, jealousy or rage.
    I agree with this attitude completely!!! Nicely worded!

    Leave a comment:


  • justbroke
    replied
    Originally posted by OhioFiler View Post
    I dislike those who flaunt their success as much as I dislike those who express their envy with bitterness, jealousy or rage.
    Say it again!

    Leave a comment:


  • pcn
    replied
    Originally posted by OhioFiler View Post
    I dislike those who flaunt their success as much as I dislike those who express their envy with bitterness, jealousy or rage.
    Preach on brother!

    Leave a comment:


  • OhioFiler
    replied
    You could take every dime I have away from me and I would still be wealthy. I have a fantastic marriage, great kids and good health. Everyone's definition of wealth is different I suppose.

    In my line of work I deal with customers with lots of money and those who are looking for a second nickel to rub together with the only one they have. I see every one of them exactly the same regardless of net worth, education, car driven or square footage of their home. They all have the same problem I am there to help them with.

    I dislike those who flaunt their success as much as I dislike those who express their envy with bitterness, jealousy or rage.

    Leave a comment:


  • lovebirds
    replied
    Originally posted by backtoschool View Post
    You are judging. Why? Do you really think that your insolvency is superior to anyone else's?

    For instance, in order to earn a high income, I had to incur over $100,000 of non-dischargable student loan debt that cannot be claimed as an expense on my expense schedule and to which I was paying a monthly payment to the tune of $1,500 a month, money that could not go to other creditors.

    Also, my over priced education trained me only to work in a profession that mostly hires in large expensive cities like nyc where my cost of living was five times what it is in the rest of the country, etc....

    I could go on, but the point is that there are many circumstances that make people file chapter 7 and your situation is yours and may or may not apply to anyone else's. Why judge? In the end we are all insolvent if we are filing for bankruptcy.
    100% agree with you

    Outside of medical debts, car loan, and credit cards, my student loan payment reduces my hourly wage to $9 an hour which I was making working to Ross Dress For Less.

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  • bkmaggster
    replied
    .

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  • pcn
    replied
    Originally posted by brokeballer View Post
    It's not being naive. I don't typically judge, but I have much less sympathy for someone with a high income. They aren't experiencing financial difficulty, they simply spent way too much.

    Those of us with lower income were just trying to get by, while those with higher income were trying to "keep up with the Jonses"

    Leave a comment:


  • goingcrzy
    replied
    Originally posted by justbroke View Post
    That's easy to rebut. There is plenty of caselaw stating that a person's "homestead" is necessary for an effective reorganization and fresh start.

    JB,

    that is excactly what we are hoping for!! She just won't back down on this house issue!

    Leave a comment:


  • justbroke
    replied
    Originally posted by goingcrzy View Post
    That is excatly the argument our UST is using against use. She thinks if we sold our house and moved into something smaller then we could pay back our creditors.
    That's easy to rebut. There is plenty of caselaw stating that a person's "homestead" is necessary for an effective reorganization and fresh start.

    Leave a comment:


  • backtoschool
    replied
    Originally posted by brokeballer View Post
    It's not being naive. I don't typically judge, but I have much less sympathy for someone with a high income. They aren't experiencing financial difficulty, they simply spent way too much.

    Those of us with lower income were just trying to get by, while those with higher income were trying to "keep up with the Jonses"
    You are judging. Why? Do you really think that your insolvency is superior to anyone else's?

    For instance, in order to earn a high income, I had to incur over $100,000 of non-dischargable student loan debt that cannot be claimed as an expense on my expense schedule and to which I was paying a monthly payment to the tune of $1,500 a month, money that could not go to other creditors.

    Also, my over priced education trained me only to work in a profession that mostly hires in large expensive cities like nyc where my cost of living was five times what it is in the rest of the country, etc....

    I could go on, but the point is that there are many circumstances that make people file chapter 7 and your situation is yours and may or may not apply to anyone else's. Why judge? In the end we are all insolvent if we are filing for bankruptcy.
    Last edited by backtoschool; 08-24-2009, 11:10 AM. Reason: fixed typos

    Leave a comment:


  • goingcrzy
    replied
    Originally posted by brokeballer View Post
    It's not being naive. I don't typically judge, but I have much less sympathy for someone with a high income. They aren't experiencing financial difficulty, they simply spent way too much.

    Those of us with lower income were just trying to get by, while those with higher income were trying to "keep up with the Jonses"
    Some of it is the area too. I make a ton of money if I lived in the middle of nowhere. I am average for my area. An apartment in my area for a family of four STARTS at 2500 per month (and thats if you don't mind the lead paint)

    Leave a comment:


  • goingcrzy
    replied
    Originally posted by Chowder View Post
    uh huh. If I moved to a cheaper house there'd be more money to pay the sweethearts and Citibank, Chase etc...

    Fortunately it don't work that way.
    That is excatly the argument our UST is using against use. She thinks if we sold our house and moved into something smaller then we could pay back our creditors.

    Leave a comment:


  • justbroke
    replied
    Originally posted by brokeballer View Post
    Those of us with lower income were just trying to get by, while those with higher income were trying to "keep up with the Jonses"
    I don't agree.

    As a "well-compensated" individual, I did my best to boost the economy. My downfall was with rental properties (one 3-unit and one single family) while owning my primary residence.

    I don't and never owned jet skis, although they looked like fun.

    The most luxurious vehicle I ever owned, was a Mercury. I own 2 Ford Focus vehicles (2002 and 2007).

    I never went on any expensive vacations.

    The most expensive piece of jewelry I own, is a $600 Movado. I own no other jewelry.

    What I did do, was be nice to my renters. I charged them below market rents (while I carried the property taxes and repairs). What I did do was employ a leasing company who employed people. What I did do was use various contractor services for maintenance. I stimulated the economy like no other. LOL Another two ventures of mine employed several people full and part-time.

    I don't see how that defines a typical highly compensated person. I don't consider myself wealthy, but surely earn a very good salary. However, my salary requires that I represent the company that I work for and myself as a professional. This requires me to wear nicer clothes than what's at Wal*Mart. I may have to entertain clients and colleagues, so I can't necessarily be living in a roach-infested rent-controlled apartment in an undesirable part of town.

    Just as I wouldn't purchase my home from a Realtor who showed up in a rusted out Pinto with expired tags and wearing a Mr. T starter gold chain set, baggy jeans hanging off their hips, with Timberline boats on a dry summer day in Florida... my customers wouldn't buy services from me or my company if I looked any different. So, yes, I do wear what I call mid-tier brand-name clothing from places like the Gap and Banana Republic. Yes, I did shop at a few (clothing) stores I shouldn't have.

    Sorry.

    However, your blanket statement is empty on its merits. Do you know where most new jobs come from? People like me.
    Last edited by justbroke; 08-24-2009, 10:16 AM.

    Leave a comment:

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