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    Just needing some advice

    Hi everyone...My husband and I are in a financial mess. We are 23 and 25 with a one year old. We had a good job making 52k in Texas and had a mortgage on a house we bought when we were 18. We have never been late or missed a payment.

    We decided to start our own business and move to Oklahoma. We put the house up for sale in Texas and bought a house in Oklahoma(30k mobile home on land) We put all our retirment money and all our savings into the business and lost it. There is much more to the story but we joined a class action lawsuit against the people we "worked for"

    We then tried to get the old job back and they gave it to him but in another state. So now we moved to Kansas and are working here.We have lived on credit cards and paid bills with them as the salary does not pay the bills.

    We have talked about bankruptcy on and off for the past 6 months but decided to suck it up and work our butts off. I called credit card people but since we have not been late they cannot do anything to help us other than turn the account off. They are still getting overlimit fees, late fees ect.

    We have our first house in Texas for sale...just heard from the realtor today that he thinks there is no way anyone will finance it since he has been trying for almost a year. Lots of people wanting it..but no banks will take the chance with it being a singlewide mobile home on some land. The home loan payoff is 22k and the land is 15k. Realtor wants us to owner finance it..we are considering it but want to sell it outright to get the extra money to pay off the credit cards but realize it probably is not going to sell

    We have our second house that we bought for 30k. Mobile on land. We have someone who says she wants to buy it but not sure how that would go. We owe 15k on it. So we would make 15k on it if we sold it.

    We have a 2008 vehicle that went down in value tremendously with it being a SUV. It has 40k miles on it, 30k is what we bought it for, worth 14k(car lot told us this)

    We have 32k in credit cards at 650.00 a month in minimum payments.

    We are not late on anything YET. But we are out of money. Our bills ad up to be 4100 a month and we bring home about 3600.

    We are desperate for something to happen. The credit cards are just piling up and we called and tried but they will not work with us until we are 3 or more months late on payments.

    We also have the "work truck" that we bought for 11k with credit cards(0%apr) and it is for sale. No calls on it though and it is depreciating everyday....

    We have probably 1000 worth of furniture
    probably 2000 worth of clothes..if even
    and we have tons of guns that are passed down in the family...and this is a big issue with filing bankruptcy because we dont want to get rid of the guns that have been passed down to us.

    Should we file or just continue to be late and let everything go to collections?

    #2
    and if we did file, which state would we file in?

    Texas where first house is
    Oklahoma where second house is
    Kansas where we are now

    Comment


      #3
      How long have you been in Kansas? I believe you need to reside in the state for at least 90 days before filing there.

      Go here to this link to look up the means test for Kansas:
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

      Comment


        #4
        You are just one lost paycheck away from disaster or an illness away from disaster. Once you started to have to use credit and credit cards to survive, that was your indicator that you were headed down the start of the black hole to insolvency. You are sitting on a lot of money with those guns and you know it - that right there could be your ticket out of the mess you are in and you may get to the point and realize they are only material items even though you don't want to give them up; the other is to investigate seeing if you are eligible for BK. THe main thing is you realize something needs to be done and you can't go on this way forever because eventually it will all cave in.
        _________________________________________
        Filed 5 Year Chapter 13: April 2002
        Early Buy-Out: April 2006
        Discharge: August 2006

        "A credit card is a snake in your pocket"

        Comment


          #5
          Originally posted by StartingOver08 View Post
          How long have you been in Kansas? I believe you need to reside in the state for at least 90 days before filing there.

          Go here to this link to look up the means test for Kansas:
          http://www.legalconsumer.com/bankruptcy/means-test/

          We have been here almost 60 days

          Comment


            #6
            Originally posted by Flamingo View Post
            You are just one lost paycheck away from disaster or an illness away from disaster. Once you started to have to use credit and credit cards to survive, that was your indicator that you were headed down the start of the black hole to insolvency. You are sitting on a lot of money with those guns and you know it - that right there could be your ticket out of the mess you are in and you may get to the point and realize they are only material items even though you don't want to give them up; the other is to investigate seeing if you are eligible for BK. THe main thing is you realize something needs to be done and you can't go on this way forever because eventually it will all cave in.

            Yea the guns are worth some but they are worth alot to us because of the being passed down. But they would probably not bring much to someone else as they have no value to them.

            If our 2 houses and truck would sell we would be fine...but they are not selling and even the realtor said the house would probably have to be rented or owner financed which means I have to rely on someone else to pay the mortgage and not destory it...

            Comment


              #7
              It is just a hard decision to make because we are not the type to just quit when it gets hard. The last resort is bankruptcy

              My husband makes all commission so his paychecks vary. Winter months they are better but summer they are not much.

              But filing bankruptcy when we are only 500 away from making the bills every month seems like the wrong road in a way...

              but on the other hand if we get behind on that 500.00 a month we just keep getting more behind and more behind...

              I am hesitant to talk to a Bk lawyer because first, we have no money to pay him, and second, of course he is going to be "for" us filing because that us his job, right?

              Comment


                #8
                We were in your shoes with living off of credit cards. We have been struggling for years. We did not want to file and kept trying to catch up. Well, it has only gotten worse! We will be filing next week, paid the lawyer already, going over papers then. I am a little relieved but still with just our house payment and utilities and 1 car payment we will be struggling. Once my business picks up we will be good to go. We filed before we couldn't pay the bills. The lawyer told us to stop paying, so here we are, can't wait to be done!

                Comment


                  #9
                  Originally posted by dogbone33 View Post
                  We were in your shoes with living off of credit cards. We have been struggling for years. We did not want to file and kept trying to catch up. Well, it has only gotten worse! We will be filing next week, paid the lawyer already, going over papers then. I am a little relieved but still with just our house payment and utilities and 1 car payment we will be struggling. Once my business picks up we will be good to go. We filed before we couldn't pay the bills. The lawyer told us to stop paying, so here we are, can't wait to be done!
                  Were you able to keep your home? We live in a rental right now but the 2 other houses in other states we own. We are moving again in 6 months because they are transferring my husband.

                  Comment


                    #10
                    so what about giving the guns to our family member and then him giving them back after we file bk?

                    Is this wrong?

                    Comment


                      #11
                      Originally posted by okiemom2008 View Post
                      so what about giving the guns to our family member and then him giving them back after we file bk?

                      Is this wrong?
                      Yep. it's a fraudulent transfer, as you're trying to hide property of the Estate.
                      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                      Status: (Auto) Discharged and Closed! 5/10
                      Visit My BKForum Blog: justbroke's Blog

                      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                      Comment


                        #12
                        Originally posted by justbroke View Post
                        Yep. it's a fraudulent transfer, as you're trying to hide property of the Estate.
                        Ok well I don't even know what to do then. There is no way we would get rid of all of them. I would sell them to family and then maybe be able to buyt them back depending on the family member but that's about it. It doesnt matter because selling the guns would not get us out of debt. We are too deep

                        The more I look into it the more I think just letting it go to collections is better for us. I don't know..I am just like a zombie these days. My husband comes home from work and we have to search for money just to pay for neccessites. We are so stupid for getting ourselves into this. We dont have anything other than internet so when he comes home we just stare at our bills over and over trying to figure something out. It makes me so mad when I call the credit card companies and they wont work with me until I am 3 months late!

                        Comment


                          #13
                          They will ask you if you sold anything. Selling them I thnk is the same as giving them away. I'm not experienced in this but I swear I saw that. And a friend who went through bk said they asked her these things and you are under oath.

                          Comment


                            #14
                            The Trustee will ask if you sold anything or gave anything away. They are trying to find "money" for the Estate.
                            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                            Status: (Auto) Discharged and Closed! 5/10
                            Visit My BKForum Blog: justbroke's Blog

                            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                            Comment


                              #15
                              Originally posted by justbroke View Post
                              The Trustee will ask if you sold anything or gave anything away. They are trying to find "money" for the Estate.
                              How long do they look back? More than 3 months?

                              Comment

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