Do Your Emotions Ever Just Get To You?

[kornellred]

Creditors are constrained by law in their collection efforts. They can only do what they are permitted to do, and that is ask you to pay your debt. Ultimately, they can seek a civil court's assistance in collecting the debt by obtaining a money judgment, but they must do it by following due process. It cannot be done without the debtor's knowledge. You can disregard all collection techniques that involve intimidation. It doesn't work any more - people are far more educated than they used to be.
Credit counseling is a bottom-line requirement prior to filing for bankruptcy. It must be accomplished within 6 months of the anticipated filing date, and obtained from an approved counseling agency. If you have already been there and done that, you know what to expect. Pre-bankruptcy credit counseling is not different than ordinary credit counseling, except the counselor knows you are going to reject the solution that is offered.

Prior to 2005, filing for Chapter 7 was a breeze for no-asset cases. Sixty days after filing, your dischargeable debt was gone, just like magic! That is why the 2005 BAPCPA changed the rules. Now, the default filing is Chapter 13 unless you qualify for Chapter 7. As a general rule, if you are over the median income figure for your state and family size, you are going to need some extenuating circumstance to qualify for Chapter 7. It is doubtful that people can engineer the proper circumstances for that to happen on short notice.

Good luck - filing for bankruptcy is no picnic. It does get easier. Time heals all wounds.

[btbeme]

Have you yourself run your numbers through the Means Test? That will give you an indication whether you would qualify for a Ch 7. We were over median but our Ch 7 went smoothly.

Frankly, if you have a few months before filing, then a good attorney can help you ensure one of two things - that your Ch 7 filing can be properly prepared and shaped so that it should fly; or, alternatively, get you properly prepared for a Ch 13. An attorney who cannot be bothered to take the time to do one of those is not the attorney you need. Lots of BK filings keep lots of BK attorneys busy, so many (sounds like the one you met today) simply take the fastest and easiest that they can. But, a strong and experienced attorney can take the time to help you understand what your options are.

Now, let me be blunt. There isn't a way to "force" a file to fit under the Ch 7 limbo bar of the Means Test. Either it fits or it doesn't, though your circumstances will change with time and time can really be on your side when negotiating the Means Test. In your case, if the income is too high, then waiting until unemployment runs out is an option - but you will have to wait significantly longer to file, until the six-month income lookback qualifies you for Ch 7 (if it ever does). If not, well, you need to look at a Ch 13. In either case, you will have to modify your living in order to successfully discharge a BK, and that means some very tough personal decisions at times. There simply isn't a way to do it otherwise. From your earlier posts it looks like you are already on that path - what you need is the right attorney to guide you. Keep looking.

So, do your homework with the Means Test. Ask questions here if you struggle with the numbers. You can also try out a few scenarios once you get a basic understanding of how it works. And please let us know how things develop.

[keepsmiling]

I cried buckets at my first consult. Of course emotions run high. This is a difficult stage. But... as many here can vouch, it gets better.
Sounds like you need to schedule some more appointments. Get the stinkers out of the way lol. Could be third time's the charm
Keep coming here, venting, occasionally laughing. It helps a LOT.
Oh... and watch some funny movies or play a fun game. And take advantage of nice weather with a long walk. Great stress busters.

[Tater]

I had another consult today. I thought it was tomorrow but luckily I checked my calendar this morning. She was nice and took the time to answer my questions. She basically said since we were over median income, we would not qualify for a Chapter 7. She didn't take the time to input any numbers into the means test because she said deductions for mortgage payments, payroll taxes, car payments, just didn't matter. We would have to reaffirm our mortgage in order to keep our house, blah, blah, blah.

It was better than yesterday so I guess that's progress. LOL! I don't have a problem waiting longer but I am worried about one of my husband's creditors. It's a personal loan and they can get pretty nasty from what I've heard. She said if I gave her a small retainer, then she could delay them for several months. Okay, there's an option but something did not feel right to me. Am I just too picky?

She then suggested credit counseling but we tried that with two different agencies. They both recommended we file for bankruptcy. My unemployment runs out in the middle of September so we might have to wait. I am not worried about me getting sued since I am on unemployment and the house is in my hubby's name. I just worry for my husband since he does work. I worry, worry, worry. I guess I will need to learn more about delay tactics!

After the meeting, I just wanted to cry. I guess the stress of this is getting to me. I know I am not alone in this and I am grateful for that.