Lawsuits and bankruptcy

[KevinR]

Let's say someone claims I owe them money. (I dispute this) According to them anyway a year ago we entered into an agreement. They are now threatening legal action.

This among other problems is probably forcing me into bankruptcy. So let's say they find out that I'm filing for Chapter 7. If they wait until the bankruptcy is discharged and then file a lawsuit, can they still stick me with the debt? Or is the simple fact that the debt they are suing for was a year before bankruptcy enough to protect me?

Or, if I do file for bankruptcy, should I simply say "Ok, sure, I owe you that money" and list them as a creditor?

[StaciMM]

If you file BK, list them as a creditor. There is a place to mark that you dispute the debt, though it wouldn't matter much if you file.

The BK would discharge the debt-meaning they could not try to collect after.

[KevinR]

Ok, that makes sense.

I guess it could actually help, in terms of justifying the bankruptcy.

This really sucks, BTW. It's hard not to view this as a complete a total failure as a human being.

[newstart]

KevinR,

I think filing bankruptcy made me a better person. I realized that I wanted to pay my debts but could not, the only way for me to reclaim my life and have a positive financial future was to file for bk. My outlook on 2006 is much more positive now. Don't feel bad if you file for bk, this is just your opportunity to receive a second chance.

[Genenco]

Ok, that makes sense.

I guess it could actually help, in terms of justifying the bankruptcy.

This really sucks, BTW. It's hard not to view this as a complete a total failure as a human being.

Kevin, never think of yourself as "Worthless" "A Failure" or "Useless"

"Too many people overvalue what they are not and undervalue what they are.”

There's people who are glad, thrilled to see you each and eveyrday. Your presence is desired and wanted...They may never say it, but be assured, there's many who are glad you are alive and yourself.

I used to think if I had $1,000 in my wallet, people would look at me with envy, want to be my friend and treat me good..Well, they did..Now I was robbed, ripped off and laughed at and left behind...after they took my money.

The people we should be with, are those who loves us for what we are, not what we can do for them...

[edwards2]

Amen to that Geneco. Initially I felt the same way about filing but the reality was we simply had no choice. I mean its not like things were going well when you can't pay all your bills and you jump everytime the phone rings expecting a call from a creditor(thank goodness for caller id). We acted on our situation quickly, however, so we avoided a little less embarrassment from our creditors. It still stings but we are moving on...financially and emotionally and you will too.

[KevinR]

The people we should be with, are those who loves us for what we are, not what we can do for them...

Good point, and thanks for the pep talk.

My attitude right now is only partially related to the financial issues. A week ago if someone had asked if I would consider filing bankruptcy I would have laughed at them. Now I'm in the middle of closing down a failed business and so many issues are piling on it's almost comical. Lawsuits, repos, blah blah blah.

You certainly do find out who your true friends are in these situations.

[Genenco]

Good point, and thanks for the pep talk.

My attitude right now is only partially related to the financial issues. A week ago if someone had asked if I would consider filing bankruptcy I would have laughed at them. Now I'm in the middle of closing down a failed business and so many issues are piling on it's almost comical. Lawsuits, repos, blah blah blah.

You certainly do find out who your true friends are in these situations.

Reminds me when I mentioned to someone that I filed BK and he said "Why didn't you be a MAN and pay them back?"

I looked at him and said "Your in-laws gave you a house right?"

"Yes they did so?" He replied...

"Well, why weren't YOU A MAN AND BUY YOUR OWN???"

Then I stuck my tounge out at him and walked away from the hypocrite. .Felt REAL good...

[AAAArt]

Reminds me when I mentioned to someone that I filed BK and he said "Why didn't you be a MAN and pay them back?"

I looked at him and said "Your in-laws gave you a house right?"

"Yes they did so?" He replied...

"Well, why weren't YOU A MAN AND BUY YOUR OWN???"

Then I stuck my tounge out at him and walked away from the hypocrite. .Felt REAL good...

Genenco, Great story, but surely you could have thought of something more "manly" than sticking your tongue out!
Is anyone sure this "genenco" person is real. I think maybe they're someone new just trying to scam us. They're just slyer than most. Waited for several months and a couple hundred posts, to pull this line about "sticking their tongue out" so that we'd all get sucked into this controversy about whether or not that's a manly response. Well, I caught ya!!! You're nothing more than a Lightning wannabe!!!
I think someone put something in my Cheerios today, better log off before I get into too much trouble. Art

[Kam]

Yah I'm not too sure about Gen now myself. I mean sticking your tongue out is so.... unmanly. About par with playground behavior. Come on, fess up. Who are you and what did you do with Geneco?

LOL

Someone musta slipped sumthin in my SF spiced cider packet.

[JimH]

Good point, and thanks for the pep talk.

My attitude right now is only partially related to the financial issues. A week ago if someone had asked if I would consider filing bankruptcy I would have laughed at them. Now I'm in the middle of closing down a failed business and so many issues are piling on it's almost comical. Lawsuits, repos, blah blah blah.

You certainly do find out who your true friends are in these situations.

Yeah I feel for ya. When I was 28 I thought I was some hotshot with limitless potential. Beautiful wife, good job, big house, more toys than the neighbors. I can remember vividly telling a bunch of business associates "I don't know what the future holds for me but I'm sure I'll never be divorced or bankrupt." Man have I had to eat those words. First proclaimation (divorce) came at 29. Bought the business that I worked for at age 30. Now I'm 37 and the second proclaimation appears to be going down sometime next month.

Nothing like a double serving of humble pie.

[Genenco]

Genenco, Great story, but surely you could have thought of something more "manly" than sticking your tongue out!
Is anyone sure this "genenco" person is real. I think maybe they're someone new just trying to scam us. They're just slyer than most. Waited for several months and a couple hundred posts, to pull this line about "sticking their tongue out" so that we'd all get sucked into this controversy about whether or not that's a manly response. Well, I caught ya!!! You're nothing more than a Lightning wannabe!!!
I think someone put something in my Cheerios today, better log off before I get into too much trouble. Art

Oh gee ART!! You mean you think I'm not telling the truth???

OK, I guess it's "Time" for a bit of confessional here...

I BK'ed in 1995..To the tune of $30,000 bucks..All of it..Well, maybe 99% was gambling related...I was living in the state of Oregon, they installed the Video Poker machines and sooo..

I mean, I look back to the times I'd pull out $400 from my CCs and then hit the bar and WASTE the entire bundle...From 1991- July 1995...I spent money like water, just sitting there, watching the damnable cards flip past me, wishing (Begging, pleading and praying) for that royal flush...

Sure, I'd win on occasions..But I'd either spend it back (Like this is unusual?) or go on spending sprees..."Payback" was not a word I knew well as you can see...

In 1999, I finally went to GA...As you can imagine, I haven't "walked the talk" very well. In fact, after I BK'ed out..I went to the bar and celebrated by spending $100 into those damn machines...Yep, lost it too...

My best time away from gambling? About 155 days..Wish I had it back and more...

Right now? Maybe 12 days...Yes, I am on meds, but that's only part of the help I use to stay away from gambling...Yes, This is the reason I fell behind on my bills, but as I said before..I DID try to "Work it out with them" but they were against anything but THEIR WAY, the old "F**k You" attitude came forth...

As I said, I don't blame them for this, but their attitude was not helpful and so..Yes, I am going to flush them like a BM...

Further...If you or a mod wants my personal phone and RL info..I'd be happy to give it..Unlike some people here,I have no fear of revealing myself...

Though the truth does hurt...

I admit, I should have been more "Upfront" with all of you..But well...Some look at what I have done and want to sort of strangle me for this..Like I wanted to be a compulsive gambler??

Finally, I am saving money and have a "Benefactor" who is helping me (Selling me land with no credit check I don't pay, I lose it) in addition..Well I am going to "Hide" for a bit then do a BK after my finances settle and the trustee sees my pay in no way allows for repayment...

On the bright side...I have a program which blocks online casinos and where I am moving to, is a "minimum" of 4 hours to a nearby casino...That's about all I can do...

[StaciMM]

Geneco-seems to me you are acknowledging you can't handle the temptation, so I think its great you are doing what you can to distance yourself from it.

[AAAArt]

God played this really terrible trick on humanity by giving us the need to confess. I confess that I have over the years also lost several thousand dollars to gambling.
But, that was not the point of my post. I was just giving you sh*t for not flipping him the bird, mooning him or telling him to "Be Biblical and go and multiply unto yourself" (Words from a very old Woody Allen stand up comedy routine) rather than "sticking your tongue out at him".
Thanks for trusting us enough to be brutally honest, but I wasn't meaning to call you dishonest or a poser for real. I just remembered some of the "heated exchanges" thatt you had with Lightning, so I thought I could make your day by calling you a "Lightning wannabe".
Again, you didn't owe me anything...I was just feeling my oats and giving you a ration since you've been around a while and felt like I knew you to be an honest, stand-up person, which you proved to be by your response. Art