Keeping a computer in Ch. 7? Friend of mine's vehicle repo'd by unsecured creditor!

[AngelinaCat]

You guys keep posting as if I will keep the Bimmer. I already said MULTIPLE TIMES that I WANT to GIVE IT BACK.

We're paying $1055/mo. on both cars. By doing what "Never Again" suggested, we will have $3,000+ saved.

The thing is, WE CAN pay the cars and credit cards. But in order to do this, I have to "NOT PAY" the following:
- NOT put money away for the IRS for self-employment income
- NOT pay $350 for my monthly medical prescriptions (all needed)
- NOT pay any money to keep my home business going

I have argued with her until I am blue in the face. There is no reasoning with her. I have told her at least 100 times that we need to go bankrupt. In her mind, she thinks that we can afford everything. By her going back to her old job instead of college, she thinks she can work for $8/hr. to pay towards our $6,000/mo. in living expenses.

I found so man nice cars on Auto Trader for $3000 to $7000... as long as you have CASH IN HAND and "NOT" finance. I did a search and looked for cars like under 40,000 miles that are 5 to 7 years old and there are many as long as you're willing to drive up to 500 miles to go pick them up. I have no problem in doing that if I am going to save thousands.

Where can I go in order to do this "pre-bankruptcy" thing that you are talking about?

I need to get a good local credit counselor that I can lay everything on the line and have that person tell my wife, face to face, that both of us need to file Ch. 7.

The problem is that other people are not telling her. She doesn't trust me at all from my bad decisions. She thinks that bankruptcy is simply another one of my bad decisions and she refuses to be any part of it. So if all of her friends or family would recommend her to do it, then she would.

If you guys were a fly on the wall, you would see what I am going through. NOTHING and I mean absolutely NOTHING I tell her sinks in. There is no reasoning what so ever. Nothing that anyone here can say that I can relay will make a difference. It has to come out of the mouth from someone she knows and respects. Those people are all in South America and none of them speak English.

Come April 15 of 2009, $hit is going to hit the fan like you have no idea (actually you and I do), but she doesn't. When it comes time to pay $7,000 in back taxes and then continue paying $800/mo. taxes for next year and pay back this years taxes all together... it's going to be VERY, VERY nasty.

Where can I find some good bankruptcy attorneys that can help me file Ch. 7 even making $60,000 or $70,000/yr. gross?

Dear Debtprisoner (for that is what you are):

Hand your wife the books, and make HER balance them, and make payments on EVERYTHING. If she refuses to do it, then you have your answer. You will have to decide if your life is better WITH her, or WITHOUT her. At this point, I think you have MANY MAJOR decisions to make.

When 'Hub and I first thought about getting married, my church has a mandatory pre-nuputual counseling session that you must complete or you cannot be maried in my church. Of about 10 seminars that we went to, 8 of them dealt with MONEY and how to handle it. The major break point for couples is the MONEY issue.

But again I say, hand over the books to the Mrs (save out some cash for yourself for your emergency fund) and LET HER FLOUNDER TRYING TO PAY EVERYTHING.
Have I screamed it loud enough?

Good luck to you my friend. You have more problems than just 'money issues'.

[AngelinaCatHub]

My mom and a friend of mine who I've know for 20 years have both done a Ch. 7. Both of them told me it was the best thing they've ever done. That's why I want to do it so badly. Yeah, so we would not have two new cars anymore, but it would be so nice for a change to look at the balance of our checkbook and not see $50 available all the time. I would love to see $2500-3000 after paying the mortgage.

[GreenInkOnPaper]

I have to admit that I am probably a little like your wife. I was in denial- always thinking that I would just have to put in a "few" more hours every month to pay for something I wanted. $55K later, and now it's clear there just aren't that many hours in a month. I'm still working two jobs, just saving for the Ch7, and trying to keep the rent paid, food on the table, gas in the cars, the utilities on, etc,etc,etc.
Point is- some people (like me) just take a little longer to realize that some problems have very painful solutions. I value my marriage very, very much and I want us to move on to happy times together. Unfortunately, those happy times will have to follow some very UNhappy ones.
I'm wishing you all the best - I hope you and yours get to YOUR happy times!

[debtmonster]

Thanks for your posts, everyone. I still need to see that local counselor. I want to show all of my bills and income and see what they say. To go bankrupt, I still have to get them to sign off on that paperwork allowing me to file. Without them giving the nod, I still can't file. I guess I'll have to do this in baby steps.

[Never_Again]

The visit with the counselor will hopefully be an important first step. Good luck to you with that.

[Never_Again]

The visit to the counselor will be an important first step for you. Perhaps it will get your wife to understand just what is going on, when she hears it from a trained professional.

Good luck to you!

[debtmonster]

I just wish I could find one. All I keep finding is web sites for debt consolidation.

[bcvw]

Check with Family Services in your area. That's where we found ours.



Aside from that, You should be able to find something here: http://www.usdoj.gov/ust/eo/bapcpa/c...cc_florida.htm or here: http://www.cccsfl.org/bankruptcy/default.asp

[debtmonster]

This is the crap I keep finding and reading about:

http://www.ripoffreport.com/reports/0/303/RipOff0303525.htm

Why do they all talk about this consolidation garbage instead of getting people to do a Ch. 7?

[bcvw]

They are going to help you decide what to do, not tell you what to do. In the end, it is YOUR decision.

You arrange for PRE-BANKRUPTCY counseling and will get a certificate when completed. They will give you this. They don't prevent you from filing, it's not THEIR choice.

They may steer you in one direction or another, but if you feel that BK is the way to go, then that is what you do. The purpose of the counseling is to inform you that there may be other options than a BK and also will show you the BK process if you choose that route.

[TEW]

This is the crap I keep finding and reading about:

http://www.ripoffreport.com/reports/0/303/RipOff0303525.htm

Why do they all talk about this consolidation garbage instead of getting people to do a Ch. 7?

Because BK is a dirty word that people do not understand. I have relatives that think I am going to dragged away any day and thrown in jail. everyone wants me to see a financial management consultant. like one of them would have given DW a job when she needed one. or debt consolidation loan specialist. DW just got a 30 check from the FTC for a class auction lawsuit they file against one of those company's. you pay them a percentage of your debt and they do nothing for you. been there done that.

[Minnymouth]

You can file Chapter 7 by YOURSELF........... and then..... anything owned jointly by you and your spouse, the creditors will come after her for full payment.... BELIEVE ME, SHE WILL SEE THE LIGHT THEN!!!!
You will be free of debt, she won't........

Talk to a bk attorney, let your DW know what your going to do and that THEY WILL BE COMING AFTER HER NEXT. Otherwise the only option open to her is to file WITH YOU and get a clean slate all the way around for both of you.

After you file if she cannot make all the payments on house, car, etc, they will be around to foreclose and repo eveything.

Once you file, quit paying for anything and save your money. Be prepared to move in the future (4-6 months - depending on your state laws). You may be able to live in the house for 6 months or more (payment free) because they will have to go thru foreclosure process on your wife.

Thus will give you time to save funds to move, and purchase another auto.

It will be TOUGH, and it may be a BATTLE WITH DW, but believe me what you do NOW will determine what your future with her will be like.

You need to do something now and soon before you start having lawsuits that will cost extra in bankruptcy and having wages garnished.

Keep us posted on what YOUR "game plan" is.......

Time to let the DW - be on her own - and SEE THE LIGHT!!!

[AngelinaCatHub]

DebtMonster is in a precarious position. He is attempting to hold his marriage together and I believe his DW really believes that all can become fixed in time. Well, it won’t be and time is on his side right now. Be the first in line as with our economy the line is going to get a lot longer. It may be time to take a stand. There is a 50/50 chance your marriage will not survive if you take the reins up and move without her cooperation. However it will be a 90/10 possibility against the marriage when you cannot pay the bills and Judgments and suits hit you both.

I don’t want to beat you up more than this thread has, but everyone here is telling you what you already know but are afraid to do. You have given others excellent advice including myself. Now it is time to do what you HAVE to do and let the chips fall where they may (if you survive). Much care and hope in your direction. ‘Hub

[Flamingo]

Debtmonster - this past spring the entire matter was hashed out previously on here and then you come back several months later with the same issues and have been given the same advice over and over again. None of us can physically come to your area and hold your hand and guide you through the process. The ball is in your court and you have to pick it up and run with it to get anything done. Otherwise you will simply continue to complain on here and ask the same questions over and over again. You have more than financial difficulties to deal with and you are having a very hard time handling it all. You just don't seem to know where or how to begin although excellent advice has been given to you as to exactly what to do. I believe from reading your postings past and present you are suffering from depression from all that is going on in your life and you don't know what to do or how to control it as it is way beyond. It is either that or you love the attention you receive on here (just look at the number of postings in this thread). May I recommend a first step for you to get things rolling....call your family doctor and get seen - advice him/her (it's all confidential) that you are having severe financial and emotional/marital issues and are having a hard time as to figuring out where to start or what to do. Your family doctor can also provide you with some counseling references that might be able to help you sort things out and deal with the entire situation. You also need a good consultatoin with a BK lawyer. Once you get all that knocked out of the way and have a handle on what needs to be done, you can work on getting your life back in order. You and your wife have to get out of the denial stage. But the first step is yours and I certainly wish you all the luck in the world.

[AngelinaCatHub]

Flamingo is 100% accurate. Not to be sexist, but who the hell wears the pants in your family? When Mrs. and I were first married, she was 34 and head of household in her family of one Mother. One of the first things we discussed is, "Honey Cat, we both have a 50/50 % vote on everything except, my vote is 51% when things come down to an important matter. What I was saying is I have and have always been fair and loving to my Mrs. but if we have a disagreement of importance MY word is will. It is Biblical as well as socially accepted (so far) that the man is head of the family. Now "DebtMonster" it is time to become a "man" and listen to what Flamingo and several hundred of us have been telling you. OR.......... don't post your questions if you will not act on any answer. You waste your time and ours. Just keep helping others as you have successfully done, except for yourself. 'Hub