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Am I in deep? (sorry, it ended up being a really long post)

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    Am I in deep? (sorry, it ended up being a really long post)

    Hello Everyone...

    Growing up, my parents accrued their fair share of debt and I've been able to experience first hand the effects that debt can have on, not only the individual person, but the entire family as well. As I finally headed off on my own and went to college, I told myself that I wouldn't allow myself to be put in the same situation as my parents, regarding debt.

    I worked hard to build my credit and went out of my way just to keep it in good standing. For 3 years I did this, until one day I ended up finding that I had a $600+ debt had been posted on my credit report. Turns out my father had included my name on a gas credit card, and he had let it get to collections. All of my effort, down the drain and I felt crushed. I feared that I could never escape my parents' bad debt habits, maybe gaining the same habits myself.

    Some unfortunate things happened and eventually I had to stop working and after all my money ran out, I couldn't pay my bills or my student loans. Personal circumstances wouldn't allow me to get another job so I just stopped paying any debt I had all together. My fear of being in debt like my parents had started to become true.

    Here I am, I'm 24 and living back with my parents, haven't been working for over 2 years, no debts paid since then. To be honest, I don't even know what my debts are anymore...I moved so much during college that collection letters are probably going every which way to different addresses. Last I remember, I had student loans, one possibly being federally backed..but not sure, credit card loans, my old bank account was overdrawn, cellular phone debts, and no doubt other debts my dad have put on me...I did continue paying my target card because it was only a $200 limit and payments were 20 bucks a month...but even that I haven't paid in 2 months now (I'm sure continuing to pay this hurt me more than helped me). I'd guess that I'm about 10-18k in debt, possibly more, which compared to a lot of you is really nothing, but to someone who's not planning to have any income for a while...it's a good amount...enough to give you unneeded stress.

    I remember a couple of years ago I did a quick search on debts and for some reason got the idea that if I waited it out, that the statue of limitations would take hold (I live in California, so 4 years) and I wouldn't have to deal with my debts anymore...which is why I've just ignored dealing with my debt in the first place.

    Anyway...the reason I'm posting here in a bankruptcy forum is, upon receiving another collection letter, for some reason I felt inclined to look up on the internet more information on dealing with debt again and I randomly came across this site. After reading the myriads of posts on this forum, I've come to the conclusion that it would have been smart for me to file for bankruptcy earlier on. I have no assets what so ever, the last time I filed taxes was when I worked 2 years ago and I'm not claimed on any other person's tax return. I don't plan on having any income any time soon and I have about $20 dollars in my current bank account. By no means do I feel poor because I have a shelter, I still have my family and food on the table. I really don't require a lot to be happy, but the idea of being in the negatives regarding my total net worth can bring anyone down.

    I really don't know what I want from you guys by telling you this story because I'm not looking for sympathy. By no means am I trying to blame my parents for the situation I'm in. They don't even know that I'm this much in debt, matter of fact, I've told no one until now. I guess I would just like some input or maybe support. I want to know if I'm going about this the right way or where I should start. It's 7am for me right now and I've been browsing this site for over 9 hours. Like I said earlier, I don't even know what my debts are anymore...is there even a way for me to find out?

    Dealing with creditors calling and receiving their letters doesn't bother me, as I've been dealing with it for a couple years now and could probably continue doing so. But after what I've read on here, it seems that filing a Chapter 7 is the right thing to do. I'd have to do it pro se because I couldn't afford a lawyer and I don't mind putting in the work to do this, as I'm very patient and meticulous. It would seem that there's no sense in me holding this off any longer so the 10 years it stays on my record can come off sooner. Filing a Ch 7 seems to be my only avenue in maybe getting a chance to start over again and it's given me some hope that I haven't had in a long time. I just truly don't know how to go about starting this process.

    All of your words seemed so genuine in regards to helping others, so here I am, registered and posting away. Thanks for taking the time out to read all of this...I planned on making this a quick post but it ran ALOT longer than I expected...I guess that's what happens when you hold something in for as long as I have. Thanks again to everyone who took the time out to read all of this.


    *Side note*
    What's the 60 day club?

    #2
    Originally posted by ineedyourhelp View Post
    Filing a Ch 7 seems to be my only avenue in maybe getting a chance to start over again and it's given me some hope that I haven't had in a long time.
    Congratulations on making that first positive step towards dealing with your overwhelming debt - it's the hardest one. Glad you found us!

    If you must file on your own, you do have a simple, straightforward case and that's when it's the least risky to file without a lawyer.

    I recommend getting two books to learn all about Ch 7 bankruptcy - the Nolo book "How to File for Ch 7 Bankruptcy" at http://www.nolo.com/product.cfm/Obje...51A79/213/161/ and Daniel Sitarz's book "Personal Bankruptcy Simplified: File for Bankruptcy with the new 2005 Bankruptcy Act" at http://www.amazon.com/Personal-Bankr...5980990&sr=1-2 . It will be the best $50 you ever spent!

    Also here's two good websites that explain Ch 7 -



    *Side note* What's the 60 day club?
    After you file Ch 7, there's a meeting called the 341 meeting with the trustee that you must attend - it's usually scheduled for about 3-4 weeks after you file. After this meeting, your creditors have 60 days to object to your filing against the debt you owe them. After 60 days are over and no one objects (and typically no one does object in a straightforward case like yours), then it's likely your case is going to be discharged and closed which wipes out all the unsecured debt so you can start over with a clean slate

    Welcome to the Forum!
    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


      #3
      hello and welcome to the forum. we are here to help you and will help you...you have alot on your plate and sound like a good candidate for a chapter 7...you can't change the past...it's a shame. I would have called the credit agencies and disputed this...your dad should have told you he couldn't pay.if your name was on the card you were responsible for the debt also. forget it...you are too young to live stressed out like this...you call several attorneys today and get the free consultation...you get current copies of your credit report
      from the 3 agencies...you sit down and analyze them as far as who you owe and how much.
      try and determine how many are in collections and make a list of all of these...take your time
      and relax...this is a fixable situation....maybe you can find a paralegal or preparer that can help you fill out the forms at a low cost to you...sounds like a no income no asset case but get those free consultations from attorneys...you are under no obligation to retain them...
      one baby step at a time...you'll be fine.....good luck as you start your journey.....guzzie
      Last edited by guzzie; 08-01-2007, 07:21 AM.
      case filed : 6 -5-2007 :blush2:
      DISCHARGED ...9-26-2007..:yahoo::yahoo:
      case closed : 11-13-2007 :yahoo::yahoo:

      Comment


        #4
        Welcome, and congrats for making the decision to do something about your debt.

        The best way to find out what you owe is with a credit report. There are websites where you can get your credit report for free jsut do a search and you can find a site to get it from online instantly.
        3/30/07 Petition signed
        5/21/07 341 Meeting
        7/20/07 Last day for Objections
        7/25/07 DISCHARGED 7/30/07 CLOSED

        Comment


          #5
          Pulling your credit reports is probably the first step in determining who you owe.

          You are entitled to one free report from each of the reporting agencies once a year.

          You can go here:



          To request your 1 free credit report.

          Good Luck as you start your quest.
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

          Comment


            #6
            go to annualcreditreport.com You don't have to pay anything and don't need a credit card or anything like that. Everyone is allowed one free credit check from each of the 3 credit bureau's each year and lots of people don't even know about it. You have to make sure you print it out!! I got mine last september or so and could have used it right about now but I had already gotten my free chance and didn't print it. I gotta stop that, it sounds like a commercial.... Yes, getting your credit report will give you a good start.

            Now that I've gotten that out of the way, WELCOME!! I'm 24 and just filed the other day. I'm married with 2 babes but our income's have been on again off again and here we are. I like to blame the economy, school system, and bad financial decisions...blah blah. lol, just kidding. This is a wonderful place to get serious advice. I'm glad your here and keep coming back.

            Hugs!!
            Sara
            Sarah H Owosso, MI
            WE DID IT!! PRO SE
            Filed 7/30/07 341 meeting 9/20/07 60 DAY CLUB 11/19/07!!! :yahoo::yahoo:
            DISCHARGED!!! 11-26-07:yahoo::yahoo::yahoo: CLOSED 12-06-07 :yahoo::yahoo:

            Comment


              #7
              oops, I'm sorry JRScott, I had started my post but you beat me. Sorry about that.
              Sarah H Owosso, MI
              WE DID IT!! PRO SE
              Filed 7/30/07 341 meeting 9/20/07 60 DAY CLUB 11/19/07!!! :yahoo::yahoo:
              DISCHARGED!!! 11-26-07:yahoo::yahoo::yahoo: CLOSED 12-06-07 :yahoo::yahoo:

              Comment


                #8
                No worries so long as we get the info to them and help out
                May 31st, 2007: Petition Filed by my lawyer
                July 2nd, 2007: 341 Meeting Held
                September 4th, 2007: Discharged and Closed.

                Comment


                  #9
                  Also, even though your student loans are usually on your credit report, you can go to www.nslds.ed.gov and look up your loans and who has them now.

                  Good luck!
                  Chapter 7 filed 4/23/07
                  341 Meeting 5/22/07
                  Last day for Objections 7/23/07 - Discharged 7/25/07 - Closed 7/31/07
                  On to rebuilding!

                  Comment


                    #10
                    Hi again,

                    I'm so thankful for all of your replies...you all are truly first class.

                    Even though I'm just in the beginning of my journey, I feel a huge burden lifted already ...from your words of comfort and validation that I'm on the right path now.

                    I will go ahead and check out my credit reports to see what my debts are and also try to get a hold of those 2 suggested books by lrpm.

                    As for getting consultations with lawyers, I've never done anything similar to that before, would I just go in and tell them I wanted to file a Ch 7?...What should I ask them? sorry if it is a dumb question.

                    Now knowing that I can fix this problem of mine that I've kept a secret for so long...gives me such hope.

                    I will be heading out of town for the weekend, but I will post an update when I get back.

                    Thank you...so much.

                    Comment


                      #11
                      These posts from such serious and thoughtful young people give me a lot of hope that our nation will eventually get its head out of its ass.

                      You know what I'm sayin' ?

                      Comment


                        #12
                        as and far as your student loans, you can request for them to be put in forebearance. call them up and tell them your situation. let them know you are starting to try and put your financial situation back together and ask them what your options are. sometimes they will allow you to backdate the forebearance in order to make it "right". you are usually allowed 60 months of financial hardship forebearance for the lifetime of the loan.
                        Chapter 7 Pro Se....Discharged Feb. 2006

                        Comment

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