top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

when do I pack it in?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    when do I pack it in?

    Here's my story... I bought into a crooked coffee franchise about
    4 years ago. I sold off the assets in April 2007. Thank God I got out. The franchise made all sorts of promises but never was profitable and costs me tons of money. I refinanced my home and ,ofcourse, borrowed on my credit lines to keep things going for my family before and since the coffee shop was sold. Now for the fun part. I was able to juggle everything for the past three years or so because I made good money in my full time job as a mortgage banker.. Last year was the lowest income I've had in 20 years. Things are better now but I dug a big hole for myself. I live in New York. The writing is in the wall. I have about $140,000 in unsecured lines of credit. I have about $20,000 left in the bank. My mortgage and second mortgage payment are $3,350 a month plus $16,000 per year in property taxes. Note: No equity is left in the house. Two cars at $800 in total per month (one a lease with four months left, the other a new loan) I did make a few large puchases at christmas and on vacation in early January for over $500, so I know I have to wait 90 days. I also used one credit line to pay another down for $10,000 in early January. Do I continue to pay the high credit card minimums until I use up my money because it shows good faith in paying them? If I stop paying on, for example, one unsecured line of credit with Bank of Amerca for $90,000 I have been paying on time for four months because they can freeze or take money out of my checking account? Also, I paid back in April and May of 2007 two of my relatives money I borrowed for the coffee shop--I glad it's almost a year and will wait till after then. Should I only pay my mortgages starting now, and car and lease loans, utilities,taxes, phone, etc. and bag the unsecured lines of credit? Also, my income for six months from October 2007 till April 2008 won't be that high. I figure I have to file in May sometime. But I do expect my income to be higher in May, June and July because of the improved mortgage market and commissions coming in then will be pretty good. Is that something to worry about? I can't perdict how well I will do or end up income wise at the end of the year. Should I file or have a lawyer maybe help to settle these high lines of unsecured credit for less by threatening bankruptcy? I know I may have tax consequences unless I am considered insolvent. Any ideas??
    Last edited by Mickey77; 02-09-2008, 06:22 PM.

    #2
    first read this bankruptcy law book and see if you want to devote the time to read and understand it enough to file your own case. http://books.google.com/books?id=kq8...vQZZRV38t81qUY

    i suggest spending your free time with your family rather countless hours studying law books and surffing the net trying to find answers to your specific situation but only coming away with the mixed messages on what to do.

    its wise to gain as much knowledge as you can about bankruptcy but the risk of loosing every thing jest to save a few $$ on lawyers fees is what you will need to decide.

    call a bk lawyer for a free 1 on 1 to discuss your case. it may help you decide when to I pack it in.
    Last edited by systemslt; 02-09-2008, 06:40 PM.

    Comment


      #3
      Yo Mick...way too many questions there....relax. Do some research. You are a mortgage broker so I am <guessing> you have some acumen for understanding financial statements and matters. This is really very, very simple..Can you pay your bills? Are you robbing Pete to pay Paul? If you can't you have to decide to do one or two very, very simple things. Either increase your income or reduce your debt..That is it Mick, nothing else will work.

      Next, evaluate your ability to increase income. A rigorous evaluation, not a <hope> or <maybe>..Nothing happening there? Then reduce your debt...Chew on that for awhile, figure out the angles and see what you come up with. Nothing happening there either? Then you may want to start your research on a BK...Good luck
      NOTE: I am not a lawyer...any advice I give is for entertainment purposes only. Legal questions should be directed to competent counsel. I am just a troll. Or a Toad.

      Comment


        #4
        Only you can decide when to pack it in but be sure to educate yourself. The hardest part of the BK so far for me (filing in 3 or 4weeks) was deciding to actually do it. After I made a firm decision in my mind, I became at peace with it and started learning everything I could.

        Not behind me yet, and not looking forward to the 341, but I will get through this and struggling to pay all those bills I stopped paying was much harder. Now I don't have to worry about my rent check bouncing.

        The sooner you figure out whether you are in a no win situation or not, the sooner you will be better off. I wish I'd made the decision to file much sooner than I did. For the last two years I've been weighing imaginary options in my mind. Consider what you know NOW, not what you think you may know later this year. Discuss your situation with an attorney or three and go from there. Good luck to you.

        EP
        California Bankruptcy Central

        Comment


          #5
          Those of us who have had to file all have found ourselves in your posiition or a very similar position. You will worry yourself to death and continue to dig yourself deeper into debt with trying to avoid not filing. I call it the "downward spiral" from which there really is no escape once it starts. You are in a highly emotional time worrying about everything. The best thing for you to do is get it all on paper - make a list of all your debts, monthly payments, sources of income, list of all assets including house, bank accounts, stocks, etc. and gather paystubs and your most recent tax return. You can either find a lawyer in your phone book that gives free intial BK consultations or you can call your state Bar Association and obtain a referral of a top notch BK attorney in your state. Most BK attorneys give free initial consultations. Call and make an appointment and take the above lists and documents with you to that appointment. You will find out excatly where you stand and what you can and cannot do. That appointment will give you the starting point you need and eliminate a lot of your anxiety and fears.

          Best of luck to you.
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

          Comment


            #6
            thanks to all of you...as you can see I'm at that panic stage when you realize things are not going your way anymore. As a mortgage banker it's like the doctor not paying attention to his own personal health...

            Comment


              #7
              thanks for your input...I guess I'll calm down about things once the reality of my financial position is confirmed by a bk attorney and what my options are..

              Comment


                #8
                Financial professional

                Mickey,
                I'll just say I'm a financial professional also. We mess up too, but I do think it is a little more painful for us. Good luck.
                I filed my 7 about 3 weeks ago and I'm getting ready for the 341 in a few weeks...I'm a borderline case, and you may be also. I'm trying to avoid the 13.
                Lefty
                Filed Ch 7 - January 29th, 2008
                341 - February 29th, 2008
                Discharge - June 20th, 2008
                Closed - October, 2008

                Comment


                  #9
                  Originally posted by Mickey77 View Post
                  thanks to all of you...as you can see I'm at that panic stage when you realize things are not going your way anymore. As a mortgage banker it's like the doctor not paying attention to his own personal health...
                  There are a fair number of higher income filers here, Mickey - you aren't alone. We all make mistakes or have circumstances fall into our lives that we can't control.

                  The key is to see bankruptcy as a cold hard financial decision, no more and no less. It's our feelings of shame and guilt that freeze us in place far too long. Most bk lawyers will tell you that if 90% of their clients came in earlier, they could have saved them years of grief and thousands of dollars.

                  Go make appointments for free or low cost initial consultations with 3-4 experienced bk lawyers in your area. You'll learn a lot and know whether bankruptcy is the right option for you or not and what the potential consequences are if you do file. Good luck - keep us posted what you find out, ok?
                  I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                  06/01/06 - Filed Ch 13
                  06/28/06 - 341 Meeting
                  07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                  10/05/06 - Hearing to resolve 2 trustee objections
                  01/24/07 - Judge dismisses mortgage company objection
                  09/27/07 - Confirmed at last!
                  06/10/11 - Trustee confirms all payments made
                  08/10/11 - DISCHARGED !

                  10/02/11 - CASE CLOSED
                  Countdown: 60 months paid, 0 months to go

                  Comment

                  bottom Ad Widget

                  Collapse
                  Working...
                  X