I am at wits end

[gak555]

I recently joined this forum because I am on the brink of being totally wiped out. In the last 3 months I have blown over $25,000 on an extended gambling binge which included Atlantic City and online gambling. I took out a number of cash advances to fund this ill fated venture.

I believe a devastating breakup with my "soul mate", who I found out was cheating on me and the untimely death of my very close sister put me over the edge.

I recently joined Gambler's Anonymous and have found the support group to be very helpful. I go to meetings once a week and get sick at the thought of placing another bet. I am 52 years old and have basically lost everything that is important to me. My anxiety is at an all time high and if it wasn't for running 5 miles a day, I seriously think I would have taken myself out.

To my amazement, I have been able to maintain a decent job which pays a few thousand dollars over my state's median. I just want to clean up my act, declare bankruptcy and get a fresh start.

I've made plans to move in with my brother-in-law to cut down on expenses and feel that in due time I will get myself back on my feet and move on both physically and spiritually.

I know I have to wait a few months to file because the cash advance were fairly recent.

One thing I am thinking of doing, and it does make me feel guilty, is to stop paying rent at my apartment and let them evict me. I really feel very ashamed about all this, but I did not realize just how devious one's thinking can become when they are about to lose everything.

Basically, I want to stretch things out as far as possible because my cash advances were done recently , and I don't want to get caught up in fraud accusations.

I guess one question I have, is if I do not pay my rent (Virginia) and let them evict me in two or three months, how will that effect my inevitable bankruptcy filing.

If I had it my way, I would declare tomorrow and just get the ball rolling, but I need to wait a few months so my large cash advancemets do not seem fraudulent.

What can the apartment complex due to me ? Sue ? report to the credit union, etc ?

[FilingOnMyOwn]

What can the apartment complex due to me ? Sue ? report to the credit union, etc ?

Yes, they can do that stuff. And I assume you meant report to the credit bureaus. And they will, but chances are they won't sue you. Even if they do it will take longer for them to get a judgement than it would be before you can file. And even then, the judgement would get included in the bankruptcy.

[aa06a47]

gak555, when was your last cash advance taken? I have the same problem, (though no online casino's) and the same concern with you as far as cash advances and fraud. It isn't that I feel I committed fraud, it is having to defend against it.

I managed to make min payments for awhile, but since the new minimum payments ect...I am no longer able to even attempt this. My last advance was last part of November, and I'm paying my lawyer on April 1. I won't make the 6 month everybody recommends.

Keep you head up and keep dealing with the problem. I have tried GA, however, due to the times they have meetings in my area, it is impossible for me to attend since I work night shift.

My attorney told me not to worry as long as my cash advances were past 70 days. She said the cc companies will try, but she hasn't lost a case yet (hope I'm not her first).

My advice, if your going to file a chapter 13, don't let yourself be evicted. Keep paying the rent so you can show that as an expense. After your plan is confirmed, then I would try and work out something to move out and reduce your expenses. You can always show your landlord your bankruptcy filing after you plan is confirmed and ask him if you can move out on your own, or do you need to include him/her, and more than likely he will drop you like a hot potatoe. Just my opinion.

[StaciMM]

It would be better to physicallly move out and turn in keys than to be evicted. If you are officially and legally evicted, the apartment complex may automatically get a judgement on you as part of the proceedings. (That is how it works in GA-the legal eviction awards a court order to the apartment complex.)

Keep in mind that leaving an apartment in bad standing, even though the debt can be discharged, will mark you with bad rental history. That could prevent you from being able to rent again unless you find an individual willing to take a chance on you. I've worked in property management, and there is usually no way to approve someone who was evicted previously or otherwise had bad rental history.

One other thought to consider-how do your expenses (not counting credit cards) compare to income? By moving in w/ your brother to cut back on expenses, are you increasing your disposable income? Having disposable income, especially when you're above the median, is a recipe for a ch. 13.

[edwards2]

gak555- I am so sorry you are having such a hard time. We all have some kind of addiction so congratulations to you for joining GA. My sister's mother in law gambles EVERYDAY at the casinos. She has gone through money like there is no tomorrow. She is in her 70s and this is her entertainment so just doesnt care.
I agree with Staci about the eviction. I work for the BBB in Tennessee and we talk to property managers all the time about tenants, etc. You dont want to be evicted because you will not be able to rent anytime soon. Also, the disposable income might very well be a problem. We were on the verge of getting converted because of disposable income so you want to make sure you dont have any. We are all here to support you. I know things look pretty gloomy now but they will get better; we are all living proof of that. BK is emotional and embarrassing but not terminal. Keep us posted.

[SinkingFast]

Yep Yep Yep Staci is right.

And you don't want bad rental history. That could be as bad, if not worse than filing BK against a utility. Someone recently was required a HUGE security deposit by the gas company because they filed BK against a power utility.

Even tho you're trying to live "normal" now and not use CC's, you've also gotta think about life after. Some things done now will seriously impact your ability to live normally afterwards.

Have you gone to living all cash yet?? If so, you may be surprised to find your money goes faster than you expected. Especially when you're having to pay other big bills.

Since we went total cash, we've had to come up with auto insurance premiums, pay State taxes to one state, and pay the IRS $8100. Now I've gotta start collecting together attny's fee and filing costs. All that is on top of normal living expenses. All cash living is tough enough. Trying to squeeze out extra funds for stuff is worse.

Stay in your apt. You'll need the expense for the Means Test. Live with brother, that's money you're not spending to live than can figure into a Ch 13 plan toward repayment to your Creditors.

[AMISLANDER]

Re: evictions...

I recently joined this forum because I am on the brink of being totally wiped out. In the last 3 months I have blown over $25,000 on an extended gambling binge which included Atlantic City and online gambling. I took out a number of cash advances to fund this ill fated venture.

I believe a devastating breakup with my "soul mate", who I found out was cheating on me and the untimely death of my very close sister put me over the edge.

I recently joined Gambler's Anonymous and have found the support group to be very helpful. I go to meetings once a week and get sick at the thought of placing another bet. I am 52 years old and have basically lost everything that is important to me. My anxiety is at an all time high and if it wasn't for running 5 miles a day, I seriously think I would have taken myself out.

To my amazement, I have been able to maintain a decent job which pays a few thousand dollars over my state's median. I just want to clean up my act, declare bankruptcy and get a fresh start.

I've made plans to move in with my brother-in-law to cut down on expenses and feel that in due time I will get myself back on my feet and move on both physically and spiritually.

I know I have to wait a few months to file because the cash advance were fairly recent.

One thing I am thinking of doing, and it does make me feel guilty, is to stop paying rent at my apartment and let them evict me. I really feel very ashamed about all this, but I did not realize just how devious one's thinking can become when they are about to lose everything.

Basically, I want to stretch things out as far as possible because my cash advances were done recently , and I don't want to get caught up in fraud accusations.

I guess one question I have, is if I do not pay my rent (Virginia) and let them evict me in two or three months, how will that effect my inevitable bankruptcy filing.

If I had it my way, I would declare tomorrow and just get the ball rolling, but I need to wait a few months so my large cash advancemets do not seem fraudulent.

What can the apartment complex due to me ? Sue ? report to the credit union, etc ?

I have been kicked out of an apt. complex due to dogs, evicted from three different houses during my basing days (over three years ago) and was able to rent again prior to filing bk in 10/05...only one of my evictions shows on my FL record...I moved out & complied, no fees/court costs...

You can rebuild, listen to the wise ones here and take your time on this, but I would recommend keeping up the rent and not losing your own roof over your head... Alot of times it's not worth it to sue you, takes too long...keep exercising!