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    Considering Bankruptcy

    We have an average monthly income of $3400. My husband and I pay $800 a month just to meet the minimum payments on our credit cards. We also pay $600 a month to our mortgage (includes tax and insurance) and $180 for our van (three more years to go, owe about $3000 more than it's worth.) I pay $100 for student loans and another $40 for a general loan. We have two kids, a two year old and a 10 year old.

    We stopped using our cards over 12 months ago, but it just seems like we can't get the balances down. For every $100 I send in only about $30 goes to paying down the balance. I was two days late about 8 months ago on one card, that interest rate shot up to 30%. Now all of our cards are at 28% to 31%, even though that was the only time I was EVER late. I've called all the CC and asked to have the rates lowered, but they tell me no. They only offer to up the limit on my cards because of my "good payment history"

    I don't know how we are going to make it this winter. Our heat last year was about $200 a month. Our electric averages $150! I need dental surgery and have to come up with $400 somehow as a down payment to cover what our insurance does not. Our van needs about $400 worth of repairs but we just don't have the money right now. Our stove (20 years old), dryer(15 years old), and microwave (10 years old) all broke down in May and we are still trying to catch up after paying for new ones (without credit!) We are going to need a new snowblower this year and we found a good used one for $250 but again, we don't have the money.

    My DH is working 80 hours a week. If he didn't bring home overtime we would only make $2500 a month and I really don't know how we could eat. Thing is, the jobs are starting to dry up, so we may face that situation soon. I've applied for six jobs and not one will pay enough to cover the cost of gas and daycare. I've sold everything I can sell to put toward these cc's, but feel as if we are getting nowhere.

    If we didn't have to pay these cards we would have money to save, heck we would never have to use another cc again!

    DH does not want to file, but right now I just can't see how we can get out of this mess. Are we good candidates to file?

    #2
    Have you checked to see if you fall withing median income guidelines for your state?

    And I think if you are above them then you need to prove that your debt exceeds what your income is to pay so you aren't forced into a 13. Can't have more than $100 to spare.
    Filed 07/14/2006
    341 Meeting 08/11/2006
    Deadline to Object 10/10/2006
    Discharged 10/17/2006

    Comment


      #3
      Since you're current on those cards, that $800/month payment will be considered disposable income. See a couple of lawyers for free initial consultations but my guess is, you could be looking at a Chapter 13.

      Comment


        #4
        We are well below the median income for Michigan, about $20,000 below going off of last year's taxes. This year we will not make as much money, not nearly as much overtime available as last year.

        We owe about $18,000 just on credit cards. We tried to get a consolidation loan from our bank and our credit union but both turned us down. The credit union told us we could not afford the payments on the loan. I don't understand that reasoning, since the loan payment would be LESS than what we are currently paying. It would have been nice to have just ONE loan to pay with ONE much, much, lower intrest rate.

        Comment


          #5
          Originally posted by keepmine
          Since you're current on those cards, that $800/month payment will be considered disposable income. See a couple of lawyers for free initial consultations but my guess is, you could be looking at a Chapter 13.
          Maybe. There might be other things that the 800 would go for if it wasn't for the CC debt. They may be taking what should go towards other normal expenses and be paying credit cards. Are they spending less on food or car maintenance or clothing. Just something that has to be looked at when figuring expenses.

          Comment


            #6
            Originally posted by alh
            Maybe. There might be other things that the 800 would go for if it wasn't for the CC debt. They may be taking what should go towards other normal expenses and be paying credit cards. Are they spending less on food or car maintenance or clothing. Just something that has to be looked at when figuring expenses.
            That's what we've been having to do, ALH.

            Seems every month, since we've gone all Cash, something comes up that we have to pay for. We've got auto and renter's insurance coming due Sept 1 and not one penny put back to pay it.

            Plus, this is back to school time. We'll HAVE to buy books this month. No way around that one. We've got car repairs to do. 2 cars need new tires.

            It's a constant struggle. Rob money from this budget to pay a bill in that budget.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

            Comment


              #7
              Panda,...........

              You may be GREAT candidates for BK. But,........... You both have to agree that it's the right thing for you to do.

              This is not a step to take lightly. There will be ramifications on your Credit for a while to come. You'll have to rebuild there. Plus, there may be some social implications to live with.

              Both of you need to sit down, and calmly discuss your finances. Where you are. Lay the bills out in front of you both and look them over carefully.

              Maybe contact one of the DOJ recommended Credit Counseling Agencies for a professional opinion of you situation.

              http://www.usdoj.gov/ust/

              There's a link at the DOJ website under Credit Counseling and Debtor Education.

              Consult with a few attnys and see what they have to say. Generally, Consults are free.

              Look over all your options and see which one seems like the best fit for your particular situation.
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

              Comment


                #8
                Originally posted by pandabear77
                I don't understand that reasoning, since the loan payment would be LESS than what we are currently paying. It would have been nice to have just ONE loan to pay with ONE much, much, lower intrest rate.
                Hi and welcome, pandabear! One of the most shocking realizations I had as we struggled with whether to file bk or not was finally understanding that our credit card companies and non-secured loan lenders had ABSOLUTELY NO INTEREST IN HELPING US. In fact, they did everything possible to ensure we would NEVER be able to make any progress paying off what we owed.

                The vast majority of creditors are interested in one thing and one thing only - making money off of us every way they possibly can. Because all but one of our non-secured creditors did just what yours are doing (jacking up APRs, piling on late fees, etc), we were left finally with no other option but to file Ch13. THE CREDITORS DON'T CARE they are hurting us - it doesn't matter to them at all that the profit is made by destroying the lives of real people. Ebenezer Scrooge is alive and well and living right here in the good ol' US of A (only now he drives a Ferrari and lives in a million dollar mansion).

                Sigh....apologies for all the capitals. I'm feeling very bitter today - will post something about what's going on later. Tomorrow will be better, I hope.
                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


                  #9
                  The good news is that if you are under the median income you get a pass straight into chapter 7 without having to do the means test if you decide to file.
                  Filed Pro-se: 01/18/06
                  341 meeting: 02/14/2006
                  Objection Deadline: 04/17/06
                  Discharge: 06/13/2006
                  Closed: 06/21/2006

                  Credit cards

                  06/25/06, reopened a Discover that I closed before my bk, $1500 limit
                  July 2006, Target Redcard $200 limit
                  August 2006, Hooters MC $1750 limit

                  Comment


                    #10
                    Sorry to hear about your credit card problems,

                    I have no sympathy for those predatory credit card companies that have up your interest to an unbearable amount, if you file and they receive nothing at all, it will be their own damn fault.

                    If you are thinking serious about filing, than maybe just stop paying those credit card bills, don’t answer the phone and just don’t talk with them, after a few months their tone will soften and they may offer you better deals which you could than consider. In the meantime the $800 can now be used for your other needs.

                    Take 6 months or so a do some bankruptcy planning so that you will qualify for chapter 7 and be done with those creditors once and for all.

                    Take care and remember to consult with a competent attorney to review your situation.

                    bkbiker

                    Comment

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