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DMC rises from the ashes. FILING FRIDAY!

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    DMC rises from the ashes. FILING FRIDAY!

    Hi friends,

    It has been almost three long years since we were struck by the BK lightning. Devastated and ruined, at the mere thought, I came home and went online to research BK. I found this forum and slowly recovered from total desolation to a halfway knowledgable filer.

    Filing Friday, finally, will be such a relief. Congrats to the many others who have posted about Friday, as well.

    Our long wait and timing was determined by a few factors, for those interested: We were well over the median, almost double, even triple if you removed some business expenses. However, I had been recently injured, had massive medical bills, and knew it was a matter of time until we went under. Factor in a McMansion with 6k sq feet and 4k/month payment, and you can get an idea.

    Our timing was three years because we needed to wait for income to drop. More importantly, we are filing shortly before Debtor's Exams by Cap One and GEMB, which could have bought us time in the county jail.

    The pre-filing course was interesting, to use a kind word.

    We filled out the forms and expected a call or some sort of debt resolution video to watch, as we did once before when we nearly filed. Instead, we received a pdf file with a "debt resolution plan". It stated that we were in terrible financial shape due to medical disability and drop in income. THANKS FOR THE UPDATE! Best 35 bucks I ever spent, though, if it gets us through the gate.

    We will have one non-exempt asset, a BMW Z-3 that is fully paid off. I bought this thing with cash when times were good and was hesitant to sell it because we did not know when we would actually file. So, we kept it to avoid any questions and further scrutiny. Now, it needs 6k transmission work and is worth about 12k. Attorney says its 50/50 whether the trustee will want it. Attorney says it is definitely saleable, but that trustees are not in the business of auto repair. I am actually hoping they take it. One less thing for us to worry about, and the price is worth the BK relief.

    To my friends here, I thank you for helping me in those early, dark days. Some days felt like they would never end, and I always dreaded the beginning of the new day, anyway. For those new to the forum, I am walking proof that you can do this, just be honest to yourself (and spouses) and to the court. No financial mess is worth losing a marriage or a friendship over. These hard lessons took me a while to learn. Our paperwork, as self-employed for both, with complex business matters, stacks up to about 8 inches. Took a while to get it all together.

    Also, put your family first. In spite of my medical disability and pain, our family is closer now than we were. That, alone is worth more than the BK itself, and the relief is immeasurable.

    My best to you all, see you at the 341!

    -dmc
    Last edited by DeadManCrawling; 11-18-2009, 06:09 PM. Reason: speling duh, idee-ut
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

    #2
    DMC, I just want to say CONGRATS!! I know you've been on here since I joined and have always been helpful to others and shared the things you have learned through the prep phase.

    I am thrilled that you finally get to start that recovery ball rolling!

    Congrats to you and your family, for getting to what must have seemed like a never ending destination.
    8-07-09-filed Chapter 7
    11-18-09-DISCHARGED!!

    Life is not what challenges you face, but how you face those challenges.

    Comment


      #3
      Thank you. It's been a long time coming, and we are excited.

      best,

      -dmc
      11-20-09-- Filed Chapter 7
      12-23-09-- 341 Meeting-Early Christmas Gift?
      3-9-10--Discharged

      Comment


        #4
        Congrats DMC, hoope all goes well for you. Are you going to handle the case for the attorney?
        ==================================
        Filed: 4-30-2010
        341 Complete: 6-16-2010
        Discharged and Closed 8/17/2010

        Comment


          #5
          hope all goes well for you, sounds like you have had a long and gruelling journey.

          if you don't mind saying, which area of Florida are you in ?
          Marie

          Comment


            #6
            Hey DeadMan... best wishes on filing!
            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


              #7
              Thanks again.

              Marie, we are in the Middle District, which stretches from Tampa and surroundings to Jax.

              Good luck to you, too!
              11-20-09-- Filed Chapter 7
              12-23-09-- 341 Meeting-Early Christmas Gift?
              3-9-10--Discharged

              Comment


                #8
                thank you DMC...I will follow your story with interest, as I am in Orlando, and self employed !
                Marie

                Comment


                  #9
                  Why would the exam have bought you time in jail???
                  Take $10 billion from the government and then sue me...nice

                  Comment


                    #10
                    jwmc1,

                    we already have two judgments. A debtor's Exam requires that you appear and answer questions. You must bring bank statements, proof of assets, and explain where ALL of your money is at. Account numbers, too. Creditors with judgments then use that information to clean out your accounts to fulfill the judgment.

                    If you do not show, the judge issues an arrest warrant.

                    So, it is not a pleasant place to be.

                    It is done by County Court. If you do not appear, the judge usually issues an arrest warrant. Judges are funny creatures, get angry if you ignore them.

                    So, we plan to avoid jail. Federal court supercedes county court, and BK is federal. Hope that answers the question.
                    Last edited by DeadManCrawling; 11-18-2009, 07:45 PM. Reason: clarification
                    11-20-09-- Filed Chapter 7
                    12-23-09-- 341 Meeting-Early Christmas Gift?
                    3-9-10--Discharged

                    Comment


                      #11
                      Wow! 3 years is a long time. We only needed to wait 4 months and can't wait for the last 3 weeks to pass. Good luck to you.
                      Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
                      "One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."

                      Comment


                        #12
                        DMC, I thought I ( capital I with an exclamation point ) had problems.

                        I waited a mere 9 months and should have waited another 3 to avoid a potential insider payment claim but wife could not take the stress anymore.

                        I can only tell you that the rediculously shallow pain that comes with losing material things fades in the long run when you realize the peace of mind that a new start brings.

                        I too had allot of toys when things were good, the Mercedes and the Porsche, the vacations etc. It was tough to give it up but I will drive my good old 98 Wrangler with no payments for a while until things get better.

                        I never realized how much that Jeep was going to save me. It was just an extra car that I bought to haul my big old dog around. Now its my daily car.

                        Good luck to you from a new friend in California with family in Fla.

                        I am sure that you will keep us posted.
                        Very fortunate in the grand scheme of things but have learned my lesson.

                        Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

                        Comment


                          #13
                          Thank you again.

                          I will certainly keep the forum informed of our progress.

                          hope it goes well,

                          -dmc
                          11-20-09-- Filed Chapter 7
                          12-23-09-- 341 Meeting-Early Christmas Gift?
                          3-9-10--Discharged

                          Comment


                            #14
                            Originally posted by DeadManCrawling View Post
                            jwmc1,

                            we already have two judgments. A debtor's Exam requires that you appear and answer questions. You must bring bank statements, proof of assets, and explain where ALL of your money is at. Account numbers, too. Creditors with judgments then use that information to clean out your accounts to fulfill the judgment.

                            If you do not show, the judge issues an arrest warrant.

                            So, it is not a pleasant place to be.

                            It is done by County Court. If you do not appear, the judge usually issues an arrest warrant. Judges are funny creatures, get angry if you ignore them.

                            So, we plan to avoid jail. Federal court supercedes county court, and BK is federal. Hope that answers the question.
                            Gotcha
                            Take $10 billion from the government and then sue me...nice

                            Comment


                              #15
                              Congratulations on taking that final step toward freedom.

                              Thinking about the BMW, it may be a very good strategy to go in with it so the Trustee can have something to sell. In a case like yours they will be looking for those assets even if they don't exist. May your BK case proceed smoothly and uneventfully from tomorrow until discharge!
                              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

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