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Chapter 7 for me?

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    Chapter 7 for me?

    A little about me, I am a single man of 40 years old, I own my own house (with a first and second mortgage) and there is no other income in the house.

    I have never considered Bankruptcy, and 15 years ago I did goto Credit Counseling and paid everything off , that is when I didn’t make much…

    Well, within the last year, I have had one disaster after another, from plumbing problems, AC being rebuilt and emergency surgery, my empty credit cards have gotten full and out of control. Along with hospital and medical bills on top of that. I have started a new job, as I was previously in the mortgage business, and we all know how that has gone. The new job doesn’t pay that much at this time, and wont really get much of a raise, if any, after my probationary period. I am basically back to where I started 10 years ago. Its come right down I cant pay anything but the mortgage, utilities and everyday living expenses.

    My first and second mortgage are current and I don’t plan on getting behind in those.

    I have a truck, a car and a motorcycle, I bought them all many years ago, and own them outright, actually . All 3 added together are not worth maybe $6000 combined. I did have a family member send me money for the bike and in the process of sending them the title and paperwork. I also have had the car in the Autotrader for months now, and no real buyers, just tire kickers.

    As for personal belongings, all my stuff is pretty much second hand, other than the TV, and a laptop, I bought 5 years ago. I have 2 other computers I built from second hand parts. Other than that I really don’t have anything else new…. At least not that affected my cards in the last 6 months at least.

    As for purchases in the last 90 days, I have bought nothing but food, some clothing, and necessities to help me through my recovery period after my surgery. I go in for my second, and last surgery , on Tuesday. So those bills will be added to this whole mess and it seems like a snowballing effect…

    from credit cards to medical bills, i will probably be have about 20-25,000 in debt.

    Here are my questions if I go Chapter 7:

    1) Does chapter 7 sound right for my situation
    2) If I cant sell the car , will I be able to keep it?
    3) What of my personal possessions will I be able to keep and what will I have to get rid of ? what is the rules on anything I can keep or bought in the past?
    4) Is there a comprehensive website or nomenclature that I can see exactly what the rules are that spells the whole process out in plain English?
    5) Can someone give me an overview of what they did make their filing easier? What they did to help them keep their personal possessions?
    6) Has anyone ever had any vehicles they owned out right , taken from them? I mean ones you have had for years

    These are all my questions so far, I am sure I will have more later.

    Thank you
    AH
    Last edited by webslinger67; 03-06-2008, 07:17 PM.

    #2
    I am sure there are others who can give great information, but probably not without knowing how much you make and where you live as the expemption laws vary from state to state.

    However, you can learn so much on this board by doing your own searches for the information. I'd search and read everything I could if I were you. There is so much to be learned here and when you start searching you will find answers to questions you didn't even know that you had. Welcome to the board too.

    EP
    California Bankruptcy Central

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      #3
      I found the booklets in the stickies "the tactical guide to BK 1 & 2" really helped walk me through and gave me a great idea about what I was allowed to keep, what I needed to do, time line, the meetings. BK is there to protect the consumer. It is there to make sure he does not lose "everything."
      Not all those who wander are lost....

      --J. R. R. Tolkien

      Comment


        #4
        If bk is in the cards, hold off on transferring property to a family member. If you do, be sure it's at fair mkt value. You don't want a bk trustee going after them to return the cycle due to transfer to an insider.
        Nobody will want the rest of your stuff. Old 2nd hand consumer goods are near worthless.
        Post your state and income and we can help more.

        Comment


          #5
          so you are saying they are not going to want my car? what about the motorcycle?

          i make $13.10 an hour... sigh... i hate starting over...

          and i live in Las Vegas, NV

          Comment


            #6
            Here are Nv. exemptions

            Comment


              #7
              ack.... does that mean real property as in my house cannot be worth more than 125000? or the equity in it cannot be more than 125000?

              that list has to be WAY outdated...
              Last edited by webslinger67; 03-07-2008, 11:45 AM.

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                #8
                ok, i just talked to my lawyer, and he said where ever that is posted, it is incorrect... when i told him the vehicle could only be worth 1500 dollars... he laughed... and said its 15000.... so... i am not going to take that for sure... i am having him find the correct exemption amount

                also, you wont find a property in Vegas worth only 125000, even in the lower income areas

                Comment


                  #9
                  $125K in equity is exempt.

                  Comment


                    #10
                    ok, well, in this market, there is none of that...

                    Comment


                      #11
                      Read this:


                      Also, the post above is saying that $125 IN EQUITY is exempt. Meaning that up to $125k you have paid towards your house can be exempted in bankrutpcy.

                      They will probably not be able to take any of your stuff.

                      Do a web search and find out what other exemptions you may have for personal property, tax refunds, etc..

                      Ask your attorney about these things, too, if you have one.
                      <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
                      FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

                      Comment


                        #12
                        Yep, its 125K in equity on the house and $15K in equity in the car.

                        Equity=the the current market value over what is owed on the vehicle to a lender.

                        Comment

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