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    What do you think?

    This is my situation.....
    Single, no dependents.
    38K in CC's.
    26K in Student Loans.
    5K balance on a car that's probably worth about 5K.
    87K balance on a home that might sell for 100K.
    No boats, other cars, real estate etc. Whats here is it!
    Texas resident.

    Owned home 3.5 years. Current on mortgage of $800.00 a month.

    Unemployed. Beginning the end of last year, my hours at work were gradually decreased...so my income from work went from $2500.00 in November 06, $2300.00 December 06, $1950.00 in January 07 to $685.00 February 07 so far.

    My employment was terminated the last week in January.

    I am retired military, disability rated. I collect approx $800.00 a month in pension plus $225.00 in V.A disability.

    Stopped using all my CC's starting December when I heard of the coming changes at work. Last activity was late December on one card, under $350.00for a computer printer I felt I needed for resume' building....

    No payments on any card (except MSC...see below) since late November...I hoped to catch up with a new job....which is not happening.

    2001 Ford Taurus...$300.00 payment....about $5K to payoff. Current on payments. Excellent condition.

    $150.00 mo student loan.....current.

    Home, utilities, car, insurance, all current from savings. Savings pretty much tapped out at this point.

    Nothing else gets paid except my Military Star Card $100.00 mo. Bal. of 4K. (a CC for the px...and I pay them because if I don't they WILL garnish my pension...cause they can because its money owed the government...like taxes...)

    My pension/disability is what makes my house payment.

    Yes, I have confirmed the Star Card will except a discharge from the BK court....and stop garnishment IF that action has been taken. Not an issue 'cause it's current.

    Looking ahead: appears that the end of March, my income falls below the median for a single wage earner.....by about 1K...that income includes my pension/disability. Assumes I do not find suitable work.

    I will be many months behind on my CC payments.

    I want to file BK7, use the exemption to keep my home.

    I'm selling an (exempt) item on ebay to fund March's bills...should bring close to $900.00 which should cover most of my living expenses.

    First week in April I hope to file...... The only income I will have will be from my pension/disability.

    There is little opportunity for work in my profession, so I may need a career change.

    Questions:
    Can I hold out until the beginning of April?

    If I find work that pays far less that my old job, but enough to fund my car can/should I reaffirm it? This may be my only option as far as work is concerned. How do I look for and attend work without a car to do so?

    Assuming so, I couldn't accept that job until after my 341 hearing 'cause they will probably push me into a BK13...correct?

    How the hell did I get myself into this position?...a little humor would be good here...go ahead I have thick skin.

    My intent is to "start over" on an income I can attain. My work specialty is disappearing, and finding my original income will not be easy...probably not possible. I would like to begin again with less income required to support myself.

    Any and all other comments appreciated.

    Thanks.
    Last edited by CPO; 02-10-2007, 11:12 AM. Reason: additional info.

    #2
    When did your indebtedness occur? You said you're a disabled veteran, so if your indebtedness occurred primarily during a period in which you were on active duty or while you were performing a homeland defense activity ("active duty" and "homeland defense activity" are legal terms), you're exempt from the means test. You wouldn't have to worry about holding out in that case. (If that doesn't apply to you, you will have to hold out.)

    As far as reaffirming the car loan goes - you can do that if you have enough disposable income to fund the payment. If you don't have enough disposable income to fund the payment, but you can find another way to do so, you'll have to convince a judge of that at a hearing. If you file without an attorney, you'll have to go to a judge and just convince him/her that you know what you're doing with the reaffirmation.
    DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.

    Comment


      #3
      Yea, I checked that out very carefully...

      I retired from active duty in the mid 1990's, and my disabilities were incurred overseas many moons ago.

      My indebtedness is from the last ten years or so, after I left the military.

      So, no go on that.

      My plan is (hopefully) to be working full time for somebody within the weeks after I file...making enough to support the car.

      We will have to see about that. I may decide to not reaffirm after all. I have not read much about how Ford feels about that.

      Regards

      CPO

      Comment


        #4
        Originally posted by CPO View Post
        This is my situation.....
        Single, no dependents.
        38K in CC's.
        26K in Student Loans.
        5K balance on a car that's probably worth about 5K.
        87K balance on a home that might sell for 100K.
        No boats, other cars, real estate etc. Whats here is it!
        Texas resident.

        Owned home 3.5 years. Current on mortgage of $800.00 a month.

        Unemployed. Beginning the end of last year, my hours at work were gradually decreased...so my income from work went from $2500.00 in November 06, $2300.00 December 06, $1950.00 in January 07 to $685.00 February 07 so far.

        My employment was terminated the last week in January.

        I am retired military, disability rated. I collect approx $800.00 a month in pension plus $225.00 in V.A disability.

        Stopped using all my CC's starting December when I heard of the coming changes at work. Last activity was late December on one card, under $350.00for a computer printer I felt I needed for resume' building....

        No payments on any card (except MSC...see below) since late November...I hoped to catch up with a new job....which is not happening.

        2001 Ford Taurus...$300.00 payment....about $5K to payoff. Current on payments. Excellent condition.

        $150.00 mo student loan.....current.

        Home, utilities, car, insurance, all current from savings. Savings pretty much tapped out at this point.

        Nothing else gets paid except my Military Star Card $100.00 mo. Bal. of 4K. (a CC for the px...and I pay them because if I don't they WILL garnish my pension...cause they can because its money owed the government...like taxes...)

        My pension/disability is what makes my house payment.

        Yes, I have confirmed the Star Card will except a discharge from the BK court....and stop garnishment IF that action has been taken. Not an issue 'cause it's current.

        Looking ahead: appears that the end of March, my income falls below the median for a single wage earner.....by about 1K...that income includes my pension/disability. Assumes I do not find suitable work.

        I will be many months behind on my CC payments.

        I want to file BK7, use the exemption to keep my home.

        I'm selling an (exempt) item on ebay to fund March's bills...should bring close to $900.00 which should cover most of my living expenses.

        First week in April I hope to file...... The only income I will have will be from my pension/disability.

        There is little opportunity for work in my profession, so I may need a career change.

        Questions:
        Can I hold out until the beginning of April?

        If I find work that pays far less that my old job, but enough to fund my car can/should I reaffirm it? This may be my only option as far as work is concerned. How do I look for and attend work without a car to do so?

        Assuming so, I couldn't accept that job until after my 341 hearing 'cause they will probably push me into a BK13...correct?

        How the hell did I get myself into this position?...a little humor would be good here...go ahead I have thick skin.

        My intent is to "start over" on an income I can attain. My work specialty is disappearing, and finding my original income will not be easy...probably not possible. I would like to begin again with less income required to support myself.

        Any and all other comments appreciated.

        Thanks.
        Very similar to my situation except I have a daughter who lives with me and I got a decent job 5 months before filing, after 8 months without...

        I was about 800 below the median with 5 months of income and 6 retirement...Had lots of overtime for 3 month prior...but Employer sent letter stating that it was not expected to (and hasn't) continued...

        Was in my house for 3 years prior and due to crazy market shortly after purchase...had about 100k in equity...but both my folks were listed on the deed and loan...

        Mine went through with no problems...But my lawyer did mention that I cut it about as thin as anyone he's seen... Can't imagine you'll have any trouble...

        Just make sure you use this expense calculator...



        It has lots of things that you/your lawyer never really think about...like tires for the car...haircuts...bank fees...

        Too many of us get really frugal prior to filing and get in the mindset that we can get by on much less than what it actually takes to exist... If I used the figures I was getting by on...It would have looked like I had 800 disposable income...After factoring in all the intangable I was actually -80...

        By still living fairly low key I have managed to save about 3 months pay since BK...But things like tires and home maintenance are looming...and there ain't no cc's to get me in/out of a jam...

        Anyway...your disability and retirement should be judgement proof and are considered exempt...so no reason to hurry to file...but then again, no reason to wait any longer than necessary...

        Hope this helps...

        pv34pv3p

        Comment


          #5
          Thanks bige1030 and pv34pv3p... appreciate your comments.

          I will continue to "fine tune" my knowledge base on this and make whatever adjustments are warranted.

          Excellent calculator pv... that will help with the schedules and abit of a "reality" scare too.

          I'll keep the board informed.

          CPO

          Comment

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