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Need help with chapter 13 decision

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    Need help with chapter 13 decision

    Hi, need a little help trying to figure out what direction I should go, or what to do. Feeling a LITTLE overwhelmed!

    Let me start by saying I filed chptr 7 in 2004, in july.

    Now, I currently make 3,000 before taxes, take home is 2,000 after taxes and insurance.

    I am supporting my fiance, and 3 yo son, while she finishes school. I have kept her bills current but I have alot of debt in collections, $2500 which is trying to be garnished right now.
    I pay $350 on a car that I owe 12,000 that is worth somewhere around 4,000
    have a loan to the same credit union for 4,000 and a credit card through them for 4,000, with a total of $750 a month in payments to them alone.

    Then, I still pay her credit cards, phone bill, groceries, day care expenses, gas etc.

    I would say in total, I have close to $40,000 in unsecured debt.

    I live in a suburb of st louis MO.

    Any help, or guiding in a direction to look would be greatly appreciated!!!

    Thanks.

    #2
    First off, I am not meaning to be judgmental, but want to offer a couple suggestions that may help.

    1.) Your GF can attend classes when someone can babysit and get rid of the daycare expenses. They are very costly and avoidable with a small child when both parents are not working.
    2.) Keeping all her bills current and letting yours go to collections...well, lets say it don't make sense to me. Maybe she could get a part time job or something to help. Many people attend school while having small children and working. It takes a bit longer, but it is possible.
    3.) Has your GF looked into student loans? It might help with some of her expenses while she is attending school.
    4.) You didn't state if the child is yours or hers, but keep in mind that a Trustee will probably have a issue with you supporting people that you do not have a obligation to. So that might be a issue with filing a 13.

    Again, not meaning to be critical but wanted to offer suggestions.
    I wish you the best.
    8-07-09-filed Chapter 7
    11-18-09-DISCHARGED!!

    Life is not what challenges you face, but how you face those challenges.

    Comment


      #3
      Originally posted by NoMoreCards View Post
      First off, I am not meaning to be judgmental, but want to offer a couple suggestions that may help.

      1.) Your GF can attend classes when someone can babysit and get rid of the daycare expenses. They are very costly and avoidable with a small child when both parents are not working.
      2.) Keeping all her bills current and letting yours go to collections...well, lets say it don't make sense to me. Maybe she could get a part time job or something to help. Many people attend school while having small children and working. It takes a bit longer, but it is possible.
      3.) Has your GF looked into student loans? It might help with some of her expenses while she is attending school.
      4.) You didn't state if the child is yours or hers, but keep in mind that a Trustee will probably have a issue with you supporting people that you do not have a obligation to. So that might be a issue with filing a 13.

      Again, not meaning to be critical but wanted to offer suggestions.
      I wish you the best.
      No offense taken.
      1. We have NO HELP from family. Zero. my child care is $350 for daycare a month.
      2. Her schooling is a 2 year nursing program, with no time at all between classes, studying and clinicals. I took on this responsibility to let her not work at go to school. So this mess, was my fault.
      3. She doesn't work, and I dont think she would be able to get any, but if anyone can recommend someone to look into for loans, I'm all ears.
      4. Oh, and absolutely the boy is mine! LOL But, we are not married, so I understand her bills then are not in the laws eyes my problem I would assume.

      Comment


        #4
        FAFSA.com

        If she fills out this application (it is free) they will tell her in just a few weeks if she qualifies and for how much. Being as you two are not yet married, she may also qualify for grants which do not need to be paid back. Like I said, it is free and it can not hurt by applying to see what they say. Keep in mind, student loans are not dischargable in BK, however they have enabled many people to get through school and still have a roof over their heads. Just be careful about any monies she may get, and use it wisely.

        I understand having no family support and the nursing school is quite hectic to get through. But there may be other avenues for daycare. Perhaps close friends? a neighbor? or someone to trade babysitting with might help. But if not, then it is unavoidable.

        Another option is to discuss with a attorney the chapter 13 option, if there is no other way out. At least you would know where you stand and what options you have. But I don't know how much of her expenses they will allow you to claim as yours on the schedules.

        I hope things work out for you.
        8-07-09-filed Chapter 7
        11-18-09-DISCHARGED!!

        Life is not what challenges you face, but how you face those challenges.

        Comment


          #5
          One thing to keep in mind is that if you file C13 it will be at least another four years until you can file a C7 again. So you have a lot riding on the C13 being successful.
          Disclaimer: I am not a lawyer nor giving legal advice. Use at your own risk.

          Comment

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