Don't do it! Please read

[TLK]

I have over $250,000 of credit card debt since March of 09 and I don't plan on paying back one cent. I filed Chapter 13 last year and quickly learned that the requirements set forth by the goverment make it very difficult for an individual in BK to survive and try to live a normal life. Last year after filing BK and making 3 months of payments, I withdrew my case and was ready for whatever to come my way. Three months went by and the phone calls and letters started, again. Then a month later I was served papers for one of the collectors attorneys. After searching every possible avenue for answers to my situation, I finally found a local Consumer protection attorney who has been an answer to my prayers. NO ONE EVER TOLD ME THAT THESE ATTORNEYS ARE OUT THERE TO HELP PEOPLE IN BK.He took my case and has (legally) told these collectors where to 'stick it'. I never realized what a scam these credit card companies are running. They are designed to keep people in debt forever.

Don't waste your money on a BK attorney. Find a ligit consumer protection attorney to help you, they difinetly helped me.

[HHM]

Well,

Without more details, who can say. But going your route is not in everyones best interest.

[TLK]

What details do you want? I'm happy to share and help people in a similar situation.

[HHM]

For the benefit of the board.

What exactly is this attorney agreeing to do for you, and how much (if anything are you paying him)?

[CatsInTrouble]

Well, I agree with you, as far as a 13. You couldn't drag me into a 13. My 7 IS telling them "where to stick it," legally and on the up and up, for about 1000 total.

[krielly]

You are right about one thing. Chapter 13 is no walk in the park, but it is doable with the right budget and planning.

Chapter 13 is all about changing your lifestyle, and living within your means. Its tough, without a doubt, but it can be done. Chapter 13 may not be for everyone, but I cringe everytime I hear someone rant on and on about it, for I fear you may scare someone away from an opportunity to rebuild their financial life.

Has it been hard? You bet. I've been through more personal crap coincidentally since I filed than I will get into, but will it be worth it in the end? YOU BET!!!!

I can only speak for myself, but I don't consider myself a "victim" here. I am here because of my own choices (mostly a lot of bad ones) and a combination of that and circumstances beyond my control. No creditor dragged me kicking and screaming to give me money or extend me credit. I was more than willing to be in denial about how over my head I was getting. I did not get here because of anyone but myself.

Again, this is just me. I am well aware that others are in a 13 (or 7) due in totality to circumstances beyond their control. My heart goes out to them (and everyone else for that matter who finds themselves in this situation). I am just speaking for myself. Anger and resentment and blame will get me no where. We filed back in 2005, and have another 15 mos to go. It has been a learning experience for sure, and tough, as I said, but what important lesson isn't??? I am proud that I took the bull by the horns, and am doing whatever I can to get something positive out of the whole experience.

Sorry, but I don't feel your posting is very helpful to others contemplating BK. It doesn't do much good to play the victim and discourage others from using what could be a very valuable tool on their road to financial freedom.

K

[catleg]

Your earlier posts said your payment was $550 a month. What happened? Did your chapter 13 get confirmed at a much higer amount? Probably a few more details are in order for us to try and understand this story, on its face, it raises more questions than it answers.

As far as telling creditors to stick it, you expect to just keep fighting them off for years and years? Apart from the legal costs, that is a big mental strain. I have just one lawsuit right now and I'm already getting pretty demoralized every time I think about it.

[wonkettegirl]

No lawyer can tell a creditor to just "stick it" unless the creditor has done something illegal. In most cases, the creditor has a legitimate, and legal, expectation of being paid back. How can a lawyer just make that go away? Maybe some creditors will decide that what you owe isn't worth their time/effort/money, but surely one cannot count on that working 100% of the time.

Bankruptcy IS legitimate choice - and a chapter 13 is the best option for many people. It sure beats the heck out of living with the shadow of lawsuits, garnishments, etc. hanging over your head constantly. YMMV, of course, but I think it does a disservice to tell folks that they are wasting their $$ on a bk lawyer but somehow your $$ is more wisely spent on your "consumer" lawyer. Every situation is different.

[kenshirley]

I think your attorney took your money for nothing.
As stated, he can send letters all day long, but when you are summoned to court you will find he created problems for you I am thinking.
I will agree that chapter 13 is not for me either and we waited to file the 7 until income fell off in our case. Many don't have that option however.

[TLK]

I didn't say that this is for everyone. I said don't waste your money on an BK attorney that can do nothing for you but abide by the unrealistic law's set forth by our goverment (who is controlled by our banking system)- it's all tied together! It's all one hugh scam. I have a 15 year old daughter that can get a credit card with A $1500 LIMIT- SHE DOESN'T EVEN HAVE A PIGGY BANK! Something wrong with picture- you bet! Sure you can make the monthly payments if everything in your life goes perfectly, but who's does- no one.If you have one unexpected expense (car needs repair-$600) in a month you're screwed. And believe me there will always be that unexpected expense. The Consumer protection attorney I use is one of the best you can get. I paying him $200.00 a month for 5 months to handle all of my cases and believe me there are plenty,16 to be exact. But if you have an attorney that knows how to handle these Blood suckers it's not a problem. He handles all the paper work and I never have to go to court. after four years in my state the collectors have no leg to stand on. You got to remember who you're up against- the bad guys, we're the good guys who just get into a bad situation- it happens to everyone somewhere is life. Without my Consumer protection attorney (CPA) I would be back in court filing another 13 or in court having to pay settlement. I'm telling you if you have unsecured debt (credit cards)and can't make payments because you got to use your money for other important things (car payment, food, insurance) let them go, don't pay them. You're protected if you have a good (CPA)These banks make millions and millions of dollars everyyear, so don't feel bad about it.

[justbroke]

I agree with HHM... this tactic isn't for everyone, and your case may be a "model" case. However, not everyone wants to just "stick it" to the blood thirsty creditors. Some of the folks here, want to pay back what they willingly and knowingly took from the loan sharks.

I hope that your "CPA" thing works for you. When it comes to protecting assets, there probably aren't many better things than a Chapter 13.

We (the collective board) really do want to hear how this works out for you, as it would be an additional tool to use.

[kenshirley]

And when you are sued and get a judgement and they attach your checks or assets you will have a problem.
Enough said.

[justbroke]

And when you are sued and get a judgement and they attach your checks or assets you will have a problem.
Enough said.

Hey Ken. Always to the point!

[TLK]

Hey KENSHIRLEY I have been served twice and each plantiff has filed a nonsuit.

ENOUGH SAID!

[kenshirley]

Good for you.
And don't worry about my screen name.
I could care less if you like me.
You would worry a lot more if you were facing me.