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Our story ... now that we are nearing the "discharge" stage

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    Our story ... now that we are nearing the "discharge" stage

    Our income had steadily been rising until I got let go from my job in late 2008. I was unemployed for a month and things just went haywire from there. We were behind in paying our mortgage cause it was too high now that we were only on one income, even though temporarily stopped paying our cc bills. The rest of 2008 and 2009 were really shaky because I got laid off in early feb 2009 and dh's department got moved out of state. So we were both really scared. Our house payment finally got caught up in 2010 with tax refunds, bonuses and steady jobs. Then in May 2010, we got sued by Discover. We were able to make payment arrangements with them and I thought things were better. Then in June of 2010 we get sued by citicards and they refused to make payment arrangements and demanded $9,500 to settled our account. I went to CCS to try and do a DMP type of payment plan and I would have to come up with an extra $1500 a month for 5 years. We ran through our savings, 401k and bonuses. We had nothing to give them. The lady at CCS told me that we need to file bk or else they will garnish our wages (they're allowed up to 25% of net income in WA). I remember cry and feeling like the worst failure in the world. I couldn't believe that we are in this position. I had been trying to crawl out from debt for what seemed like forever. Prior to citicards suing us, our balance with them was $9,500 and the amount that they sued us for was 19K. They added on 10K in bs fees. I took another 2 weeks to mull over the numbers (I only had 20 days to reply to the summons) and finally retained a lawyer in early July. The first one I picked out told me that under no circumstance do we qualify for a chapter 7 because of our income and that we would be in a ch13. On the advice of this board I started interviewing other attorneys. I think I interviewed a total of 10. I finally decided on this Scottis attorney close to my house. He was cheaper but he was certain that a 7 would be no problem since we had 3 kids, every allergy known to man and a huge mortgage. On July 30th, we finally filed and then on Sept. 15, we had our 341 and it went smoothly. The last day for the creditors to object is today and we should get our discharge soon.

    Since September, I have been able to save $11,500 towards our next house. Originally, we had planned to keep the house but after working and re working those numbers in our budget, we would still be in trouble because even though we are both working now, we make less money than before. We decided that we are giving up this house because payment comes out to like 45% of our net income. My MIL has graciously said she would buy us a house under her name and when we can refinance in a few years, it will be in our name only. We are hoping we can stay until at least the spring time when we can fully start looking at houses with enough money saved up. Now if Bank of America lets us modify our house for around $1500 a month, we would be okay but right now we lost $100K in value and our mortgage payments were $2700.

    Since filing required me to do so much research on our spending habits, we cut back on going out to eat, trips/vacations, hair cuts, we don't go out and we stay home all the time. It's boring but I'd rather be boring than go back to the stressful time before we filed. Every month since filing, we write down our budget, allocate money to savings before it hits our paychecks, contribute more on 401k + roth ira and we finally learned to live within our means. Our bills get paid every other week as they come due. There's no more NSF fees, late fees, etc.

    We're already getting cc offers in the mail but I really don't want to touch one again until we have at least 30K in savings and until we clean up the credit report. I'm giving us a whole year to really be on our feet without the cards so we can avoid getting back into debt. The bankruptcy really changed the way I look at debt, credit and money. Now, I think I like to hoard money vs going out shopping with my girlfriends or going out to eat all the time. Now, I stay home on the weekends and I don't leave my house unless it's for groceries or for gas. I cut coupons like it's a religion. I don't buy new clothes unless something is completely worn and unabled to be repaired. I've been so frugal that I get teased all the time from my friends who have no idea that we went bankrupt. I hope one day I can not be so scared to spend money but for now, I've learned my lesson and I'm never going to let my money control me again.

    I finally took the time to write this all out with the hopes that it helps someone. If you are just starting the journey, just know that it's hard but once you go through it, there's peace to be found. I'm not necessarily ashamed that I filed bk but would I go out in the world and announce it? No. But, I have learned from it.

    #2
    Thanks for sharing your journey with us. I have already filed and had my 341 so I'm just waiting for my discharge too, but I have just barely started the 60 day clock. Your story is an inspiration to me. Keep up the good work. Our goal is to buy a house too so I have started changing spending habits in hopes of saving up for the next 2 years. Good luck with your house hunting.
    Filed Ch. 7 on 9/30/10---341 11/12/10---Report of No Distribution 11/16/10

    Discharged 1/21/11 Closed 1/26/11

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      #3
      Glad you made it through! It's a shame you had to use up all your savings to try to keep the house only to decide to let it go anyways. But it sounds like you bounced back from this pretty well and have a very respectable savings in just a couple months! You'll be a homeowner again in no time!
      Ch 13 filed 06/22/09. Dismissed,thankfully, 03/31/10. Ch 7 filed 06/28/10. 341 07/29/10. UST POA 08/06/10. UST mot to dismiss hearing extended to Dec...Feb...March...May...Aug. UST withdrawal of dismissal filed 05/31! DISCHARGED 07/12/2011!

      Comment


        #4
        Thank you for sharing My filing date is November 23rd, 2010, I cant wait until I past that date I have been living on a budget since Jan 2010 its a feeling beyond words, I will draw out living in my home as long as possible in order to save some money to get another home thats affordable and within budget. Did you have this savings on your account when you filed?
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          #5
          I didn't have the savings at all when I filed because every cent was sent to the mortgage company. It was really hard for me to come to terms with actually giving up the house and so I kept paying all the way until September. Then I realized we couldn't continue to pay $2700 a month on the mortgage and it was losing value and we know owe $100K more than what the house is currently worth. So from September until now, we have managed to save $11,500.

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            #6
            If you had it to do all over again, would you have filed BK before losing your savings and retirement funds? I'm at the beginning of this and keep second-guessing myself. I hate to cash out my IRA, but I could be debt free without bankruptcy on my reports. The upside of that is that I have never learned to handle or control credit, so doing without credit would be forced on me for a long time and hopefully I would have learned my lesson before its available again. I don't know what to do.
            Filed 1/31/11 341 3/2/11 Waiting for discharge........

            Comment


              #7
              "Now, I stay home on the weekends and I don't leave my house unless it's for groceries or for gas. "

              It's cool that you're being super diligent about spending on frivolous things, but you are going to go out to the movies and get a burger once in awhile right?

              Comment


                #8
                Originally posted by Jacey View Post
                If you had it to do all over again, would you have filed BK before losing your savings and retirement funds? I'm at the beginning of this and keep second-guessing myself. I hate to cash out my IRA, but I could be debt free without bankruptcy on my reports. The upside of that is that I have never learned to handle or control credit, so doing without credit would be forced on me for a long time and hopefully I would have learned my lesson before its available again. I don't know what to do.
                If I had to do it all over again, yes I would have done it before depleting all of my savings and my 401k. If my 401k and savings were enough to pay off the cc bills we would have done that and avoided bk but it wasn't in our cards. So if we were in the same situation, I would have filed right away without losing all of our hard earned money.

                To the other poster, yes occasionally I will go out to eat and go to the movies. I just prefer eating home cooked meals and have become quite the home body.

                Comment


                  #9
                  There were several reasons why I was pushed to the point of filing BK. One of them was the credit card companies, mainly Discover, refusing to work with me on a reduction payment plan until I could get a job again. They refused every week when I called them to negotiate. I told them this will look bad on my credit report when companies want to hire me and that being unemployed will cause me not to be able to make payments to them. I asked them to not put a bad credit mark on my credit report and to allow me to make reduced payments until I could find a job, they refused. They called me about 10 times a day to harass me.

                  Add to that unemployment running out during the summer and I finally said enough was enough.

                  Now I filed BK and the credit card companies lost all that money I would have paid them back had they only had a heart (and good business sense). Now I will never use a credit card again. I will only use my debit card from the money I save in my bank account.

                  Comment


                    #10
                    Runnerdelig,
                    thanks for sharing! I love reading stories of people who have made it through and adaptions that have been made.

                    Jacey,
                    What works for one person won't necessarily be best for another person whose situation might be different. If I were you, I'd run two future budgets: one assuming you file BK, one assuming you cash out retirement and start saving again. Your age will also be a factor. You don't want to end up broke and retired, so be careful before cashing everything out. But if you've got a lot of working years left, it could work out to cash the retirement out and not file. You could also run those online retirement calculators under each scenario. Good luck.

                    Comment


                      #11
                      Wait a second- Your mortgage is $2700 a month, but since September (2 months time) you've managed to save $11,500 ? And yet you can't swing the mortgage? That math doesn't work. There's a difference between not being able to afford the mortgage, and being in an upside down mortgage which you can still afford and you just don't want anymore. Just the fact that you were able to save $3400 more than what your mortgage payments total from September to now suggests you really weren't bankrupted. But I guess it's kudos to you for finding a great lawyer who was able to sell the chapter 7 to the trustee and judge. I can see why you wouldn't want your story here until it's too late for creditors to object.

                      Jacey- pay off the debt. What are you earning in your 401K?? Surely, it's far less than what you're paying for an interest rate on your credit cards. Learn how to work a budget and stick with it. Bankruptcy wipes the debt away, but if you don't learn to live on a budget, you'll just be in the same hole 5 years from now. But you seem to already be aware of that. Check out Dave Ramsey's Financial Peace University to help you out.
                      Last edited by olivies; 11-16-2010, 07:54 PM.
                      Ch 13 filed 06/22/09. Dismissed,thankfully, 03/31/10. Ch 7 filed 06/28/10. 341 07/29/10. UST POA 08/06/10. UST mot to dismiss hearing extended to Dec...Feb...March...May...Aug. UST withdrawal of dismissal filed 05/31! DISCHARGED 07/12/2011!

                      Comment


                        #12
                        Our 341 meeting is tomorrow.
                        Similar story as runnersdilg.

                        However, we decided to not cash out our 401k to pay off cc. We were on the verge to do this and negotiate. At the end of the day - we would have been held liable for taxes for reduced debt and the 401k withdrawal. Hence, BK was the best for us.

                        Comment


                          #13
                          Originally posted by olivies View Post
                          Wait a second- Your mortgage is $2700 a month, but since September (2 months time) you've managed to save $11,500 ? And yet you can't swing the mortgage? That math doesn't work. There's a difference between not being able to afford the mortgage, and being in an upside down mortgage which you can still afford and you just don't want anymore. Just the fact that you were able to save $3400 more than what your mortgage payments total from September to now suggests you really weren't bankrupted. But I guess it's kudos to you for finding a great lawyer who was able to sell the chapter 7 to the trustee and judge. I can see why you wouldn't want your story here until it's too late for creditors to object.

                          Jacey- pay off the debt. What are you earning in your 401K?? Surely, it's far less than what you're paying for an interest rate on your credit cards. Learn how to work a budget and stick with it. Bankruptcy wipes the debt away, but if you don't learn to live on a budget, you'll just be in the same hole 5 years from now. But you seem to already be aware of that. Check out Dave Ramsey's Financial Peace University to help you out.
                          Excuse me? Who in the world are you to judge? Aren't you posting in a bankruptcy forum yourself??? Shouldn't you be the first to understand the stress involved with even filing bankruptcy and the prospect of losing one's home??? A lot of people have been able to save money by making the decision to walk away from mortgages they can't afford. We clearly can't afford a $2700 mortgage when our take home is less than $5,000 and pay for daycare for our 3 kids, or feed my kids who have sever food allergies, and also take care of my very ill parents along with all of our other expenses. Through this entire journey YOU seem to be the only person who thinks we can afford our home. Everyone who has seen our budget can see that our home is huge in comparison with our income.

                          I have seen a lot of your posts and honestly you sound like a very angry and negative person. Why are you even posting in a bk forum? OH WAIT!!!!! It's because you are in a similar position so why don't you get off your self righteous high horse and stop judging??

                          Comment


                            #14
                            +++++ AMEN!

                            I really believe there is someone on this board who has a couple of different usernames and goes around giving people a hard time about their bk. I've seen two usernames in particular that use the same tone, syntax, and diction in their writing, and I'm pretty sure it's the same person. This person looks for what he/she considers "suspicious" activity to rip apart. My experience has been that this person is generally wrong. I think they're called Trolls. My advice: ignore them.
                            --------------------------------------------
                            As you simplify your life, the laws of the universe will be simpler; solitude will not be solitude, poverty will not be poverty, nor weakness weakness. ~Henry David Thoreau

                            Comment


                              #15
                              Originally posted by runnersdelig View Post
                              We clearly can't afford a $2700 mortgage when our take home is less than $5,000 and pay for daycare for our 3 kids, or feed my kids who have sever food allergies, and also take care of my very ill parents along with all of our other expenses.
                              Originally posted by runnersdelig View Post
                              So from September until now, we have managed to save $11,500
                              I'm not judging. Walk away. People do it all the time. I'm just merely pointing out your math doesn't work so don't blame it on the numbers. In 2.5 months time, we now know taking home $5K a month, you've saved $11,500.
                              Your mortgage payments in that same time would have totaled $8100. So they were payable, just not comfortable. Probably wise to get out of a mortgage you can't afford. But that's not where the numbers fall apart. It's here-
                              Most people here live frugally by necessity but probably couldn't live for 2.5 months on just $1000 (which is what your numbers show), especially not with your parameters and responsibilities. I'm just a numbers person, and these numbers don't make sense to me.
                              Ch 13 filed 06/22/09. Dismissed,thankfully, 03/31/10. Ch 7 filed 06/28/10. 341 07/29/10. UST POA 08/06/10. UST mot to dismiss hearing extended to Dec...Feb...March...May...Aug. UST withdrawal of dismissal filed 05/31! DISCHARGED 07/12/2011!

                              Comment

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