HELP! Find the best way2 handle Chapter 7

[JOBK]

I agree with everything HHM says, except for her opinion that you should file now. You have no assets or income to protect and will continue to incur medical expenses you have no way of paying.
I wouldn't say one of us is right and one is wrong. It's just different ways of approaching the situation. If you are definitely going to file eventually, the fact that credit card debt will multiply while you delay is irrelevant. It is true that your fresh start will be delayed if you delay filing and that in the mean time you will be hounded by creditors who may get judgements. Does the stress of prolonging the situation and having the negative credit history follow you for longer into the future outweigh the risk of incurring more debt after your discharge without a way to pay it? If so, HHM's approach may be a better one for you. This is a call only you can make. I highly recommend you discuss your situation with several experienced BK attorneys and get their perspectives. Their opinions will probably differ as well.
But, don't delay filing because you think you are going to figure out a way to pay off your debt and avoid BK. You have no income or assets with which pay your debt. $18k debt to you is as big a deal as $180k debt is to somebody else. You are bankrupt NOW. The sooner you accept that fact and make a decision on how to proceed, the better off you are. There are many members of this board who spent a year or 2 trying to avoid BK and later regretted it. The point in delaying filing is not hope that you will some how avoid BK.
If you had $3,000 now and used it to try to avoid BK when you have no certainty that your situation will improve in the foreseeable future, you would be throwing away $3,000. Based on what you've said about the expected length of your treatment, you would still be in the same situation 7 months later, but without $3,000 to pay for an expensive lawyer (yes, $3K is high). Once you know you need to file, whether it will be in 2 months or 2 years, you need to stop paying all unsecured debt and save that money for attorney fees. Spending your last remaining cash on minimum payments would be throwing money away and prolonging the inevitable.
But, you don't have $3,000 anyway. If decide you want to file now, try looking for attorneys or organizations that offer pro-bono bankruptcy filing. It's not available everywhere, but check with your local court and/or bar association to find out what is available in your area.

LadyInTheRed your input and suggestions are always so eloquent, succinct, clearly to the point combined with wit and curtness but in a very good way! I love it!!! Are you someone I know? Who's got an IQ of more than anyone I know of and has a counseling practice as well ?!

Everything you said, I agree 100% but I have so many things I must do – I am so overwhelmed and tired all the time. Sometimes I get brain-fog by all of these great advice and suggestions that I just want to just go ahead and do it. But then again, there are so much distractions and ailments all over it's hard to concentrate to do even a single task. Last Monday, I said I will start with my benefits application but no luck, I didn't even open site. Oh well...

At this time, I will just go ahead and make a list of priority and just go from there. Thank you so much for your help, kindness and understanding. Please continue to help me Lady Samaritan!!!
Could you please make a list : ) I'm in the short bus : ) I'm joking... no i'm not! : )
Happy Thanksgiving and God bless!

[HHM]

My post wasn't advice, it was an observation, the perfectionists (OCD'rs) have the toughest time making decisions in general, and certainly when it comes to BK, overload themselves with information (usually misinformation) that delay's the inevitable. So, if you really are an OCD perfectionist, there is nothing anyone here can say, your personality is such that you simply won't take action until you are at the very bottom (and even then, you may not do it out of fear of change).

You cannot play the "if only" or "what if" game forever. Even the medical bill excuse is questionable, but that is a call that needs to be made by facts on the ground. I have seen perfectly healthy individuals delay filing because of that objection (what if I get sick). But, if you are CURRENTLY undergoing treatment and you KNOW the treatment has some time to go, that is different, then you probably need to delay if you can. But if the medical bill risk is hypothetical, then don't delay.

As ladyinred points out, don't delay because you think you can actually avoid BK. That is simply an irrational position (there is a similar thread going on, where the OP somehow things that letting judgments pile up, waiting out the 10 years to judgment expiration is somehow a better alternative), the cure, bankruptcy, is in no way worse than the disease

[JOBK]

My post wasn't advice, it was an observation, the perfectionists (OCD'rs) have the toughest time making decisions in general, and certainly when it comes to BK, overload themselves with information (usually misinformation) that delay's the inevitable. So, if you really are an OCD perfectionist, there is nothing anyone here can say, your personality is such that you simply won't take action until you are at the very bottom (and even then, you may not do it out of fear of change).
You cannot play the "if only" or "what if" game forever. Even the medical bill excuse is questionable, but that is a call that needs to be made by facts on the ground. I have seen perfectly healthy individuals delay filing because of that objection (what if I get sick). But, if you are CURRENTLY undergoing treatment and you KNOW the treatment has some time to go, that is different, then you probably need to delay if you can. But if the medical bill risk is hypothetical, then don't delay.
As ladyinred points out, don't delay because you think you can actually avoid BK. That is simply an irrational position (there is a similar thread going on, where the OP somehow things that letting judgments pile up, waiting out the 10 years to judgment expiration is somehow a better alternative), the cure, bankruptcy, is in no way worse than the disease

What, no, quotes “?” But an (AUTO-LABEL) instead! Cool, jk! Like, I said, “I agree 100% but I have so many things I must do” and decide, since there is no dead-line for filing BK -- I have the time to crunch the numbers literally, especially that is all I have at the moment (no asseets!) This goes down to the old saying, “You can have good, fast, or cheap. Pick two of them” But to put and add the missing link called “perfection” is just impossible in any way but it is doable, when you have the time and make that time. Fear of anything has nothing to do with it, especially with the help of all of YOU – I have nothing to fear NOW but fear itself … oops was that a quote : )

Everything is questionable right now, I got a call this week that I was rescheduled for a new doctor's appointment January 11, 2012. So, the treatment is a GO again I hope – God willing! So, more than likely the BK stuff will be delayed basically, the late fees and other chargers will be doubled/tripled charge in the next 3 months and then the dreaded collectors agency will start hounding me. Do you think by contacting my creditors would help me any or would that just speed up their decisions to put me up for collection?

Yes, of course I wouldn't delay or avoid BK and that is why I am here on this site to get the ins and out of BK filing, and I also do not want to file prematurely without all the specifics. Even looking at filing for myself since you know I can't afford to but the specifics and the tedious tasks is quite a handful for me. LadyInTheRed, gave me some expert information, suggestions and advice that is clearly opened up the best options for me at this juncture.

How about you -- do you have any advice for me? Since all the input you've given me so far are all observations only?! At any rate, I really really appreciate your time, all your input and opinions!!!

"For all who exalt themselves will be HUMBLED, and those who HUMBLE themselves will be exalted (Meticulous one!" Thank you so much and I hope you had a wonderful Thanksgiving!!!

[jacko]

18k is way to low to file BK. I have over 60K in CC debt and minor medical debt. A BK in my current situation would not give me a fresh start. You need to trust your instinct and decide accordingly.

Thank you for your input HHM! Well, there's a lot of reasons why I don't file BK right now: No money to pay for lawyer fees ($3K minimum?) I don't have much of a debt at the moment ($18K too low?)
I would like to have a chance to pay these off in the future (2 years from my timeline now?) And, I really don't like to file another BK in my name (unless to protect my family?)

I agree with you all heartedly about the work involved about dodging the creditors in the future; the fact that my credit life will be shut and the impending judgments that may occur in the future! That's a lot to handle? But with my reasons above, what can I do at this point? Is there a third option perhaps, anyone???

For the moment I'd like to take care of my health issues first, then be able to get back some peace of mind and eventually have the opportunity to rebuild in the future! Thanks again for your time and if there's anything you would like to add – I'm All Ears... Have a nice day and God bless you!

[mountanddo]

18k is way to low to file BK. I have over 60K in CC debt and minor medical debt. A BK in my current situation would not give me a fresh start. You need to trust your instinct and decide accordingly.

A blanket statement like this is misleading. Debt is debt. I have 20k in debt. You have to assess the entire situation before you judge that 18k is too low to file BK. For me, I was looking at a garnishment of $550 a month and that was just one creditor. The others were not far behind. Interest and penalties would of still been charged on the accounts. If all my creditors got a default judgement I would be paying this for a minimum of 3 years. Filing Chapter 13 has allowed me to have a payment of $100 a month for 36 months and then I'm done. I don't live in a state that won't garnish wages or seize bank accounts not to mention that having to "dodge" creditors and look over my shoulder is stress that I really don't have to have. Instinct has nothing to do with it. If I didn't file I would not be able to even pay my basic living expenses. People that make $5/hour vs. $30/hour have a whole different thresh hold of what is the appropriate amount to file BK.

[Drazil65]

One small thing you might want to do for a while to help with the impending creditor calls you expect, is to research and setup Google Voice. Its free and it can make a huge difference in dealing with the phone calls. Everything is routed through your main phone (but they dial/have a google voice number which you give them when you update or change your profile with them beforehand) and dumped into a nice neat tidy space on your computer. You can listen to them if you feel the need, you can just read them and tuck them away. But it makes it so you can tolerate this process a little easier. Good Luck to you.

[dman]

The main points have already been answered, so forgive me for not going over them again.

#1. You are bankrupt. Period. No question about it. HOWEVER, just because you are bankrupt, does not mean you must file for bankruptcy. People will argue all day about whether you should or not. Heck, I'm joining in, so I'm one of them I guess

Would it be better to file now, or to wait? Well, you have a medical condition which you are currently getting treatment for. Is this something you expect to have major bills from? Do you have no insurance? Or perhaps you do have insurance which is footing the bill. Now, there's no way to know for certain what will happen in the future. BUT, what are the odds that you'll have unpayable medical bills when all this is done? If it's likely you'll be left with tens of thousands (or more) in bills, I'd definitely wait to file. But if you have insurance which will likely cover everything, and the likelihood of being left with a huge mountain of medical debt is low, I'd go ahead and file now.

Also, stress can/does wreak havoc on one's health. Bankruptcy is very stressful, but only for a short period of time (generally, 90 or so days from filing and you're done). Perhaps filing now, and getting rid of this cloud hanging over you, is the best thing to do from a medical (not necessarily financial) standpoint.

Let's say you decide that the chance of having a big medical bill at the end of your treatment is too high for your comfort, so you decide to put off bankruptcy. How can you keep from stressing out in the meantime? Well, I'd check out the sticky in the Collections section titled "12-step plan to deal with collectors and keep your sanity!". Highly recommended, and I'm not at all biased (well, other than writing the thing). Here's the link: http://www.bkforum.com/showthread.ph...ep-your-sanity! . Spend some time in that section, the bankruptcy section(s), and others as you have time. Come up with a game plan to deal with the collectors that is as stress-free (and conducive to your recovery) as possible.

Good luck!

[LadyInTheRed]

LadyInTheRed, gave me some expert information, suggestions and advice that is clearly opened up the best options for me at this juncture.

JOBK, I am not an expert in bankruptcy. I am a paralegal who works in a different area of the law. Even in that area of law where I have been working for over 10 years, I am not qualified to give legal advice unless I give it under the direct supervision of an attorney. What I know about bankruptcy I've learned from this board, my own research and my own experience. My suggestion that filing now could be premature is based on what I have learned on this board. Please do not take anything you read here as expert advice. Think of it as suggestions from friends who have been in your situation or have other friends in your situation. Even the BK attorneys who post on this board do not have all of your details. The only expert advice you should rely on is the advice of an experienced bankruptcy attorney who has reviewed your situation. This board is an excellent way to get different perspectives on your situation that can help in discussions with attorneys when you go for free consultations.

LadyInTheRed your input and suggestions are always so eloquent, succinct, clearly to the point combined with wit and curtness but in a very good way! I love it!!! Are you someone I know? Who's got an IQ of more than anyone I know of and has a counseling practice as well ?!

Awww shucks. Thanks. I actually don't think I'd make a very good counselor. I like to help people, but tend to be heavy on the curtness, especially in person where I don't have an opportunity to read something and edit it before letting it out into the world. I'm good at looking at a situation and finding logical solutions, but not so good at providing emotional support.

[chiwawa]

One small thing you might want to do for a while to help with the impending creditor calls you expect, is to research and setup Google Voice. Its free and it can make a huge difference in dealing with the phone calls. Everything is routed through your main phone (but they dial/have a google voice number which you give them when you update or change your profile with them beforehand) and dumped into a nice neat tidy space on your computer. You can listen to them if you feel the need, you can just read them and tuck them away. But it makes it so you can tolerate this process a little easier. Good Luck to you.

Mountanddo, well done!

[mountanddo]

Mountanddo, well done!

It wasn't me. I don't give that great of advice! LOL

[JOBK]

18k is way to low to file BK. I have over 60K in CC debt and minor medical debt. A BK in my current situation would not give me a fresh start. You need to trust your instinct and decide accordingly.

Thanks again jacko for your input and looking like I will need to hold on the BK for now.

[JOBK]

Thank you mountanddo for your input and sharing your experienced. By the way, did you file for your C13 after you have defaulted on your cc already? And, did you inform your creditors at all, at any time? How many cc did you have? Thanks again in advance for your reply.

[JOBK]

One small thing you might want to do for a while to help with the impending creditor calls you expect, is to research and setup Google Voice. Its free and it can make a huge difference in dealing with the phone calls. Everything is routed through your main phone (but they dial/have a google voice number which you give them when you update or change your profile with them beforehand) and dumped into a nice neat tidy space on your computer. You can listen to them if you feel the need, you can just read them and tuck them away. But it makes it so you can tolerate this process a little easier. Good Luck to you.

Thank you so much Drazil65, you're right very nice service indeed. I just defaulted on my first cc and exactly one week, today, I got a call at my very first GV, which I just setup a few days ago, same time with updating my phone number at CC, jeez they know what's up! The message says, “We would like to discuss Solutions regarding an important business matter. Please call back today at 1(868) 953-7906 to discuss further. Again, the phone number is, 1(866) 953-7906. Thank you.” Jeez, not even 5 business days yet, I want to call them back and explain... anyone, help? It looks like this creditor is in the same area (code) as I am now... what happens when they stop by at my doorstep? Should I not answer the door or what?

[JOBK]

Also, stress can/does wreak havoc on one's health. Bankruptcy is very stressful, but only for a short period of time (generally, 90 or so days from filing and you're done). Perhaps filing now, and getting rid of this cloud hanging over you, is the best thing to do from a medical (not necessarily financial) standpoint. Let's say you decide that the chance of having a big medical bill at the end of your treatment is too high for your comfort, so you decide to put off bankruptcy. How can you keep from stressing out in the meantime? Well, I'd check out the sticky in the Collections section titled "12-step plan to deal with collectors and keep your sanity!". Highly recommended, and I'm not at all biased (well, other than writing the thing). Here's the link: http://www.bkforum.com/showthread.ph...ep-your-sanity! . Spend some time in that section, the bankruptcy section(s), and others as you have time. Come up with a game plan to deal with the collectors that is as stress-free (and conducive to your recovery) as possible. Good luck!

Thanks for joining in dman... So you’re the author of the “12 step plan to deal with?” Wow, great job... I really do appreciated it, that's a great source woot woot!!! LadyInTheRed showed me that link awhile back, too! But anyway, like I said, above “I received my very first GV message.” It looks like they want to help me out and would like to call them back. But first, I would like to know your input and tell me what you think I should do?

I have a GoldCard insurance through state but I still have to pay for co-pays and prescription drugs for less money though and I will probably pile that as well, if I don't get any help from disability benefits. Which I haven't applied as of yet, so much stuff going on plus the health issue is getting in the way. Thus, at this time BK is on hold and also no money to fund the BK process – all I have is internet access.

Oh, by the way, I tried to call out from my new Gmail/GV and got this message “Please download the voice plugin to make a call” but I downloaded it and installed it properly but it's still wasn't able to call out? So, with that said, I probably don't want to call my creditor using my sister's cell anyway. Thanks in advance for your reply and many thanks for the “12-STEP” the best – a lot of reading but good reading! God bless you!

[JOBK]

JOBK, I am not an expert in bankruptcy. I am a paralegal who works in a different area of the law. Even in that area of law where I have been working for over 10 years, I am not qualified to give legal advice unless I give it under the direct supervision of an attorney. What I know about bankruptcy I've learned from this board, my own research and my own experience. My suggestion that filing now could be premature is based on what I have learned on this board. Please do not take anything you read here as expert advice. Think of it as suggestions from friends who have been in your situation or have other friends in your situation. Even the BK attorneys who post on this board do not have all of your details. The only expert advice you should rely on is the advice of an experienced bankruptcy attorney who has reviewed your situation. This board is an excellent way to get different perspectives on your situation that can help in discussions with attorneys when you go for free consultations.
Awww shucks. Thanks. I actually don't think I'd make a very good counselor. I like to help people, but tend to be heavy on the curtness, especially in person where I don't have an opportunity to read something and edit it before letting it out into the world. I'm good at looking at a situation and finding logical solutions, but not so good at providing emotional support.

Well, LadyInTheRed no matter what you say... you basically started all these threads and I'm not quite a bit lost nowadays because of you! I'm glad you took the time to respond to my initial plea – but don't cha ever leave me hanging, okay!? : ) I'm so glad that you helped me and found ways to cure my psych whether financial or mental problems. You will always be the barrister of my quan! : )
P.S. I still have to use one more credit card this December for emergency, so I must pay one more minimum payment for this cc next month before I completely default on all of them, omg!?