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    #1

    desperately need help & good info

    Due to many unforseen circumstances, I have lost everything I own. I owe the IRS thousands of dollars, and my husband has been deported. I'm a single mom living with my parents and my 2 year old daughter. I was laid off a year and a half ago, and I'm working for a hospital making next to nothing. I don't make enough to pay rent and utilities, and if that isn't enough, I'm sending what little money I can to my husband and inlaws in Honduras so that they don't starve. All of my student loans are on deferment, and I'm pretty sure I'll be on economic deferment with the IRS. I also receive government assistance in the forms of MC+ for my daughter, and food stamp benefits.

    Now that you know my life story, I will proceed in stating that I NEED to file Ch. 7 BK. There is no way I can pay for an attorney unless I take out some payday loans. I already have 3 loans out-- only one of which I can pay down. I have REALLY gotten myself into a hole. I'm so depressed and sick to my stomach over all of this. Should I take out loans to pay for a lawyer, even though I know good and well that I intend to file bankruptcy? Will that be considered fraud? I don't know what else to do... someone please help!
    Tags: None
    #2
    What state are you in? Find out what the garnishment laws are in your state.

    There really is no need for you to rush and file Bk if your wages cannot be garnished.

    Live with your parents and try to save some money from working. Taking care of yourself and your baby are most important. You need to be back on your feet and able to take care of yourself after BK, or it will do you no good.

    When you get a good job and back on your feet, then file the BK. Just ignore the creditor calls until you file. There is nothing they can do to you if you are judgment proof.

    Your post is a wake up call to everything being relative. We Americans think we are poor if we don't have a house, a car, or even cable TV, when there are people in the world that don't have food.

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      #3
      If you are on public assistance you qualify for legal aid. Contact your state social services office and inquire.
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006
      "A credit card is a snake in your pocket"

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        #4
        Good idea FLAM.

        Comment

          #5
          I believe it is a good idea to file asap, because if that's what you will ultimately do then might as well do it now. I waited 2 years trying to avoid bk but i just filed (finally) 4/22. I am in Riverside, Ca. Where are you at.

          And yes you can get free legal aid depends where you are at.
          You also can file pro se as I did.

          Good luck!

          You are in the best informational forum I have found in regards to bk.

          I will also recommend visiting immigrate2us.net where I found amazing information in regards to my then illegal husband. Thanks to that forum I was able to file a I-130 petition for my husband all on my own and even get it expedited due to my son's serious illness.
          Filed Chapter 7 4/22/2009
          341 Meeting Scheduled 5/27/2009
          Discharged 7/30/2009
          Awaiting closing!!!!

          Comment

            #6
            If you are on assistance and make no money Bk is not going to solve your problems. Taking out PAYDAY LOANS is an indicator of living beyond your means or you just don;t make enough money. Again BK is not going to help you. If creditors try to garnish you you can try to claim hardship not that hard if its true. If you don't make enough I doubt a creditor would even try!

            Comment

              #7
              chad- i can assure you that the payday loans were not taken out so that i could live a lifestyle that is beyond my means. i had car problems, hospitalizations, and a husband who desperately needed dental work done. (there is no such thing as insurance in honduras... you pay cash only) i wasn't spending money on frivolous things. i have a lot of medical bills, outstanding credit cards, and the payday loans that i mentioned. i think that i would benefit from BK.

              flamingo- thanks for the info... that is an excellent idea!

              arami- i have been a member of i2us since 2005. my username there is "corazoncita." i haven't been to i2us in several months because it's just too depressing... my husband has had an approved i-130 since july, but i can't afford to pay any of the fees so that we can move forward in the process. it sucks to see people who can just whip out that kind of money to get their husbands back here, when i have trouble sending $50 every 2 weeks for groceries. i mean-- don't get me wrong i couldn't be happier for the people who get their family members back! i'm just not anywhere close to that point yet...

              Comment

                #8
                You do know that taxes and school loans aren't normally discharged with bankruptcy. So make sure it is worth filling bankruptcy with the rest of the stuff you have since you can only do it once every 8 years or so.

                Comment

                  #9
                  yes... i know that i will have to pay the student loans and irs stuff no matter what.

                  Comment

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