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    I need advice

    After my other post, I got to thinking some more about my whole situation. I wanted some advice on what to do. I am as dumb as a stump when it comes to BK and the law, so you all are lifesavers to me! I am shamefully posting my personal/financial life all over this post, but I think it's the only way that some things will be explained for me.

    Long story short, we lived in a mobile home for a while,everything was fine. Few months ago in November 05,My brother-in-law moved in and took over payments (nothing was changed over in his name or anything, dumb dumb dumb,I know).We bought a house,bought some new things for the house, etc,with every intention of paying of course. Found out he just left the mobile home there without making payments or even telling us! So, they repo'ed it because we couldn't afford payments there and the new house in time to try to sell it. I bumped my workload at home to only 12 hours per week,we have a lot of cc debt (maybe 10K total), debts from Dh's first marriage, we have no health insurance (but we do for the kids), so we have had to pay for some office visits and meds for us,and we have the mobile home now on our debts which is about $30K.

    Means test: Family of 5 in TX is $64,453, we only make combined $48000 Gross,(I work at home and have 3 kids here with me all day).We also have mandatory payroll deductions for child support for my stepdaughter and her insurance,plus we are paying for his back child support (which is alsmost paid up anyway) all that equalling $550/month taken out. So our actual TAKE HOME pay is $36,150.And we obviously don't get any income tax money back because it all goes to back child support.

    Everything of ours (house,car,car expenses,living expenses) is all WELL below the allowed expenses for our State and county.
    According to TX exemptions, our house is exempt (even if not, it has 0 equity because it's new with no improvements made),our car, all of our home furnishings,everything we have is exempt.

    So, I don't think any of that will be an issue, and we can file chapter 7. My issue is that 1)we rarely used our credit cards up until around Nov 05, 2)the most recent charges were just back in January 06 when i bought clearance Christmas stuff and we also put dh's (unnecessary) big screen TV on CC in Jan. So, big mistakes, our world has pretty much crumbled,we are barely making enough money to live on ,much less pay minimums of anything.That's why I wanted to wait untiil at least March/April of next year to file so it doesn't look like we intended to do these things then file BK,because we absolutely did not commit fraud and had no intention to. I can't believe anyone in their right mind would WANT to file BK.

    anyway, any input would be greatly appreciated, because as you can see, i dont' know what I should do.

    #2
    You need to sit down with an attorney or two (free consultation) and check out your options. Let them know about the problem with the mobile home and that you thought it was being paid for.

    He will tell you what your options are and what direction you need to take thats in your best interest.

    Sounds like you will be a Chapter 7 - only issue might be the large purchases right a Christmas (tv, etc).... and if there were any cash advances.

    Don't get too upset till you talk to an attorney...... Get the problem solved before it gets any worse....

    Minny
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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      #3
      I'd agree with Minny. Just relax and lay it all out to a lawyer.
      I gotta say, you're being way to hard on yourself. From what you posted, nothing is very shocking. It's been 3 months since any charges. Just put the cc's away and wait another few months and file. Nothing you've posted would indicate fraud or substantial abuse.

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        #4
        I can empathize with how scary all of this is. Based on what you're telling us, it does sound as if you'll be OK for a Chapter 7. Do talk to several attorneys--they shouldn't charge for the initial consult. Read the posts here. They have been so helpful for us. Other than the TV, I don't see where the Trustee would say anything about cc use.

        Don't beat yourself up for mistakes--we've all made them!! Just learn from them. A friend of mine says, "Nothing in life is ever wasted" and I agree with her. We are all here for you. Keep us posted and good luck.
        Filed: 2/24/2006
        341 mtg: 4/4/2006:angel:
        Discharged: 9/25/08!!!!!:yahoo::yahoo::yahoo::yahoo::yahoo:

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          #5
          There are many of us in your shoes. When I first thought about filing I was even scared to go to the lawyers office. I thought what a deadbeat I must be. However, after I thought about it. Loads of companies file bk everday. My husband's was with Lucent and look at them. I do not feel so bad anymore and do not really care what people think. I am so over it!

          Comment


            #6
            thank you all SO much.

            I think more than anything I am really scared, but overall, just feeling dumb, you know? I was SO careful with my money, but when we finally got out of the mobile home, and into a nice house, it felt so good to buy nice things for it. I just got all caught up in the game of "keeping up with the Jones' ". but it felt SO good to be able to get the things that we deserved (don't we all? LOL) after years of struggling. I was just completely blind-sided by the pretty plastic cards!

            Anyway, so now that the past is over, I just want a fresh start, as I am sure you all do too. I want to say thank you all very much for the advice and kind words. If it wasn't for this board, i would be in this alone. I would never admit BK to anyone around me, the stigma is something you can never live down, and that is so incredibly sad.

            I also forgot to add, that it's just so ironic. I actually found this board I think in November of last year for my sister. She thought there was just no way out, so I joined and started looking for advice. I felt very bad for her, but glad I wasn't in her shoes. Now she is fine and doesn't need to file, and here I am...life is a crazy crazy thing.
            Last edited by mommyto3; 04-03-2006, 06:29 PM.

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