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Don't Know Where To Turn

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    #1

    Don't Know Where To Turn

    Hi all, new here. I've been reading this forum for days now and finally found the nerve to post.
    I have talked to 2 lawyers. The first one said I need to file Chapter 13 because I have no job. The 2nd one said no, I need to file a chapter 7. I have only lived in this state 2 months and the lawyer I spoke with today said I can't even file til I have been here 6 months. He suggested I do nothing, meaning I DON'T pay my bills, I DON'T answer calls from creditors. Long story short, I feel like I have been given bad advice and it's making me scared to even try another lawyer yet I am in a mess. I owe a little less than $28k in unpaid cc bills and 51k total if you count my car payments. THAT'S another story in itself. It's the only thing I am not behind in ( my car) yet how would I even begin to explain being stupid and buying a new car and then trying to file bankruptcy 3 months later? Obviously there is much more to this story but I didn't want to bore anyone.
    Tags: None
    #2
    If the both state you came from and your new state allow federal exemptions, you can file now. Other wise you have to file under your old state's law until 6 months have passed. Hard to find an attorney to do that. If all you owe is unsecured and the car, keep the car current and forget the CC's. Get a new phone number too

    Good luck!
    7-2-2009 Filed
    8-28-09 341 Concluded, no assets
    10-28-09 DISCHARGED/CLOSED!!!!

    Comment

      #3
      welcome soul...
      Filed on 7-17-09
      waiting for 341
      341 meeting 8-21-09
      discharged/ case closed 12/23/2009

      Comment

        #4
        Originally posted by LostSoul View Post
        I have talked to 2 lawyers. The first one said I need to file Chapter 13 because I have no job. The 2nd one said no, I need to file a chapter 7.
        Welcome!

        The second one was right. If you have no income, you can't make any payments, so it'll be Chapter 7.
        Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
        FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
        FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

        Comment

          #5
          Originally posted by IBroke View Post
          Welcome!

          The second one was right. If you have no income, you can't make any payments, so it'll be Chapter 7.
          Hi and thank you all. I DO have SOME income, my spousal support .

          Comment

            #6
            Originally posted by LostSoul View Post
            Hi and thank you all. I DO have SOME income, my spousal support .
            If it's below your State's Median Income, it'll still be Chapter 7.
            Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
            FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
            FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

            Comment

              #7
              First things first. Get a job and be able to support yourself before you think about bk.
              You need transportation so, the car is the priority. Stay current with that and let the cards go. Once you're on sound financial footing, then you can file.

              Comment

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