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My Situation & Planning For Ch. 7. Any Advice or Thoughts Appreciated.

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    My Situation & Planning For Ch. 7. Any Advice or Thoughts Appreciated.

    So as it sits right now I am planning on filing for Chapter 7 in March 2011. I know this may seem like a long ways away but I know Im headed for that road regardless and also that is the month in which I will be 6 months under the state median income and can file. Also Im holding out hope that Congress passes the proposed law to allow private student loans to be discharged by then.

    I have a old debt Im paying that is in collections from an a personal loan with a credit union. Its handled by a law firm and I cannot stop paying because YEARS ago when I was unknowledgeable I signed a stipulation. That is $100 a month and Ive paid the original balance but interest, attorneys fees, etc are still at like $4k.

    I have two credit cards with just under $10k each on them, so about $20k there. I have another cc with $1100 that Im not sure Ill include. I have a credit card with a balance of $2200 that I will not include because that is a joint card with my mom and Im not goin to screw her credit up since she helps out at times. I have a personal loan with $10k balance, and a 2009 Jeep with a $30k balance that I will be voluntarily giving up in the next few months and Im sure a deficiency will be $10k to $15k after sale. So that is a total of around $50k. My monthly obligations for just the two big cc's, the Jeep and the personal loan are $1400 a month and that is what is killing me and my wife. Its been hurting and financially straining us since May 2009 and I finally just got tired of living paycheck to paycheck, pulling an occasional advance to get by and just stressing out. Our mortgage of $1100 will always be paid, Im not letting that go nor do I need to as we can afford that.

    So the reason we are waiting. My wife works part time (30 hours) and we are definitely over the state median income. However we have a child on the way and she is due in September. She will stop working no later than the end of August due to her nature of work. That will put us at 6 months under the median in March 2011. So the income reason and the hope of the proposed legislation allowing private student loan discharge.

    One question I have is they wont try to ask why my wife isnt working will they? I mean with her field (pastries) she doesnt make enough to justify working because after childcare and gas she will net $100 or so a month.

    Ive always completely blocked the thought of BK but last month I just came to the realization that we cannot sustain living like this. Since Ive come to that realization I have been much less stressed out and feel like a weight has been lifted off my shoulders.

    I will be filing individually in FL.

    #2
    That's great that you're planning ahead. Get a free consultation with a bankruptcy attorney and ask about that stipulation and if it can be removed in a bankruptcy.

    Good luck!
    Filed Chapter 7 July 2010
    Attended 341 September 2010
    Discharged November 2010 Closed November 2010

    Comment


      #3
      Just an FYI, you cannot pick and choose which credit cards you want to include. All debt has to be listed on your petition.
      Filed 5/29/09
      Discharged 9/14/09

      Comment


        #4
        Originally posted by JoJoCal19 View Post
        So as it sits right now I am planning on filing for Chapter 7 in March 2011. I know this may seem like a long ways away but I know Im headed for that road regardless and also that is the month in which I will be 6 months under the state median income and can file. Also Im holding out hope that Congress passes the proposed law to allow private student loans to be discharged by then.

        I have a old debt Im paying that is in collections from an a personal loan with a credit union. Its handled by a law firm and I cannot stop paying because YEARS ago when I was unknowledgeable I signed a stipulation. That is $100 a month and Ive paid the original balance but interest, attorneys fees, etc are still at like $4k.

        I have two credit cards with just under $10k each on them, so about $20k there. I have another cc with $1100 that Im not sure Ill include. I have a credit card with a balance of $2200 that I will not include because that is a joint card with my mom and Im not goin to screw her credit up since she helps out at times. I have a personal loan with $10k balance, and a 2009 Jeep with a $30k balance that I will be voluntarily giving up in the next few months and Im sure a deficiency will be $10k to $15k after sale. So that is a total of around $50k. My monthly obligations for just the two big cc's, the Jeep and the personal loan are $1400 a month and that is what is killing me and my wife. Its been hurting and financially straining us since May 2009 and I finally just got tired of living paycheck to paycheck, pulling an occasional advance to get by and just stressing out. Our mortgage of $1100 will always be paid, Im not letting that go nor do I need to as we can afford that.

        So the reason we are waiting. My wife works part time (30 hours) and we are definitely over the state median income. However we have a child on the way and she is due in September. She will stop working no later than the end of August due to her nature of work. That will put us at 6 months under the median in March 2011. So the income reason and the hope of the proposed legislation allowing private student loan discharge.

        One question I have is they wont try to ask why my wife isnt working will they? I mean with her field (pastries) she doesnt make enough to justify working because after childcare and gas she will net $100 or so a month.

        Ive always completely blocked the thought of BK but last month I just came to the realization that we cannot sustain living like this. Since Ive come to that realization I have been much less stressed out and feel like a weight has been lifted off my shoulders.

        I will be filing individually in FL.
        From what I am now understanding you can't omit any credit cards. They all go. You have to include them all. I originally thought I could do that so I could have at least one card.

        Comment


          #5
          I know you have to LIST all of your debts but you dont have DISCHARGE all of your debts do you? I mean I have two store cards with like $50 on each but Ill pay those off anyways but I mean I didnt think I had to discharge every single debt regardless.

          Comment


            #6
            Also as a side note, the credit card with my mom, I was actually an authorized user and not a co-signor so technically she is already 100% reliable for it so how exactly does that work? Its not truly my debt but it is if you know what I mean. So either way whether its discharged Im goin to pay it off, I just dont want any negative connotation on my moms spotless credit.

            Comment


              #7
              Originally posted by JoJoCal19 View Post
              Also as a side note, the credit card with my mom, I was actually an authorized user and not a co-signor so technically she is already 100% reliable for it so how exactly does that work? Its not truly my debt but it is if you know what I mean. So either way whether its discharged Im goin to pay it off, I just dont want any negative connotation on my moms spotless credit.
              As you're not a cosigner and just an authorized user it isn't your debt so you can't discharge it in a bk.

              Comment


                #8
                This is my first post so go easy on me!

                I have 4 CC's that I believe are in my own name with my soon to be ex-husband as an authorized user. We also have 1 CC that is in his name with me as an authorized user.

                I have two questions.

                First, If I file on my own, will those credit cards affect his credit? Also, if I stop paying those cards will it screw up his credit?

                Secondly, is it possible for the card in his name to be put in my name as we are still married a this point?

                Thanks for any input. My head is spinning with all of this and I feel sick.
                Last edited by Lupita; 06-06-2010, 11:27 AM. Reason: I think I put this in the wrong place, pls move if I did,

                Comment

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