Can psychological issues be used as a defense during an AP

[tacomeat]

not quite sure how to phrase that, but hopefully it makes sense.

i quit my job 5 years ago because of a, for lack of a better term , nervous breakdown. i was specifically sick of my job, but the rest of my life sucked too. so i basically just gave up on life. at the time i figured i could just find another job if and when i wanted to (i have a masters degree and a pretty good track record of results). but other pysch issues arose - my fear/hatred of people, social anxiety, adult ADHD, depression, - to the point that i couldnt even think about dealing with the reality of another 9-5 job. i didnt care about the debt, i didnt care about anything. i tried getting help but the meds and therapy didnt take. i wouldve killed myself, but i was too chicken. so now 5 years later - i just "survive".

ive always had a theoretical intent to pay back my cc debt and most certainly would if i had the money - but the tangible evidence of job hunting or frugality isnt there. i never thought ahead like i was gaming the system, or running up charges with the specific intent to file BK and having them discharged - but the evidence might appear otherwise.

now, ironically, if part of my debt is not forgiven, id still be in the same place i am today (burdened, anxious, and unable to pay on my debts).

so - can any of this help my defense if i get an AP?

thanks for your help!

[frogger]

Have you filed, how long since you used your credit cards, and what kind of stuff were you charging on them?

[HHM]

It can, but you would need your doctor to testify as an expert witness.

This is not something a pro se person (with psychological issues) can do, you would need an attorney for that level of court room theatric.

[AngelinaCatHub]

"Tacomeat" If you have not filed you are good to go. Give a bit more time to distance yourself from last use of CC's. DESTROY those cards.

I believe to some degree, we have all felt on occasion as you do. When I got the big "C" the chemo I was on was hormonal and contraindicated with Paxil that I was also on. For 18 months I had sever agoraphobia. I felt like you described.

Understand, doing yourself away is a chicken way out. It is a permanent fix for a minor temporary condition. It hurts many around you that you would not realize and who care about you. It is a disrespectful way to end your pain.

In your therapy, I am sure they explained all of this. You did not get better because your will to is small. You want to heal that is why you want to bk7.

That being said, I doubt you will get an AP and yes your medical history could help in your defense of you have to defend an AP. Unless you committed fraud or abusive act bk will prevail. Remember THEY have the burden on proof that has to be made against you. Also, if you are not working now or have little assets, you basically are not collectible.

In many states such as Florida, no monies below $500 can be levied from the head of household. I assume you are single so you are the head of your household. That is take home pay BTW.

Consider changing your interest in your career. You have a Master's degree so you are not a slacker or dummy. 'Hub

[tigergem]

IF you get an AP? So you aren't even up against one yet? Um. Yeah. I would humbly suggest that you start writing your defense out the same way as you would start writing a application for social security disability. In fact, you might want to get those forms and start practicing. You'll need all of basically the same stuff for both procedures. A really good detailed explanation of the duration and severity of your symptoms and how they affect/ed your daily life. And supporting medical records. If you have a doctor that saw you through all of it, time to make an appointment and tell him/her that you need a letter. I think the SS forms you are looking for that will help you understand how to explain yourself are called RFIs.

[catleg]

Bankruptcy isn't really about how you got there.
It's simply about getting a fresh start.
There are built-in protections for creditors against debtors gaming the system.
But they are far more limited than you might think.
The overwhelming majority of people never have to explain "WHY".
To use a common phrase "it is what it is".
So your mindset in BK should be forward-looking, not backward-looking.
It's about opening the door to a better future, and stepping through.

I will tell you my story to make you feel better (hopefully).
I have parkinson's disease which is a dopamine deficiency in the brain caused by the death of dopamine-producing neurons. Dopamine is needed for your brain to transmit signals for muscules to move. As you may also know, dopamine is also the chemical which registers pleasure in the brain.
So as a result the drugs used to treat parkinson's have a similar effect on the patient as cocaine. I wish the doctors had been more explicit about that.

So I ran up a bunch of debt gambling, spending, whatever.
Eventually I couldn't keep up with the bills so I stopped paying.
I thought I would fight the lawsuits in state court using an incapacity to contract defense. But one lawsuit unsuccessfully fought pro se was enough to convince me that would not work.
Some other victims of this drug (Mirapex) sued the mfr, and won, at least for a little while, but ultimately the company got the upper hand and nobody got very much.
I figured if I sued the mfr, the money I got would just go to my creditors, so what would be the point anyway?

Ultimately it is easier to just file BK, and they don't really care what your story is, the debts just go away.
So you can stop fighting yesterday's battles and get a fresh start on life.
It's really the best way to go.

[tigergem]

I think the likelihood of an AP is pretty slim. But yeah, that is what I was thinking for the OP - - building an incapacity to contract defense - - if it even came up. But I would bet an AP probably won't come up anyway.

[tacomeat]

Have you filed, how long since you used your credit cards, and what kind of stuff were you charging on them?

please see my other posts for complete description of that stuff. i started a few different threads for the different topics... thx!

[tacomeat]

brought this up during my last bk attny consult. he said its possible to do, but would take much work to lay the groundwork - i would have to have seen a professional enough times to demonstrate this was an ongoing problem, and then get an expert witness to testify how my problems have impeded my judgment and ability to repay my debt and/or get a job. and for added measure, i should probably have been approved for soc sec disability
if this has been such a burden for me these past 5 years.

bottom line - doesnt seem like something you can just craft out of thin air at the last minute (not that i was trying to do that) and it would also be pretty expensive to do (my situation wouldnt warrant this).

anyway... FWIW