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    My Story

    Well we have decided that we are going to file chapter 7 we see no way out of this, this has been getting higher and higher for the past 10 years. We where going to stay and pay but my wife just found out that her mom has breast cancer. My wife has been wanting to move back to where she is from (only reason we are here is jobs no family or anything here and we now have a 2 year old), so we are going to do that and let the house go back, it's probably 20k upside down that's with the 30k down payment we put down about 4 years ago. We are still up to date on all of our bills but i don't know for how long. I work full time w-2 but started a sole prop about 8 months ago and used a lot of cash advance checks to start it up with. Really thought the business was going to make money but so far hasn't turned a profit which might be a good thing after all.

    numbers 100k+ cc this is mostly consumer not non-consumer
    82k gross last year between the 2 of us
    using the means test we pass by -152 DMI (Median for LA is 53,271)
    350 car note
    475 truck note (high interest rate 25% TFC hope i can get it lowered)
    have a car we are about to sell worth 4-5k, needs 500-1000 worth of work to it (using money from it towards moving $ moving truck etc first and last month rent deposits)

    here is where it's about to get interesting. With what we have in the bank and with our income right now, as long as we don't get rate jacked, we can pay probably 7 months. I want to put as much time as possible between the CA

    My wife will probably have a job offer next month so we will need to rent there it will probably be a cut in pay, but as of now i don't have a job there yet. If we rent there we are going to have to stop paying on the house. So i guess that will give me 4 months before they take the house, that i can still work here and find something there. I'm sure the CC will probably jack the rate when they see the late on the house.

    #2
    If you are filing and letting the house go.... STOP PAYING the CC immediately... you are just throwing money away.

    Comment


      #3
      Originally posted by GWBcasualty View Post
      If you are filing and letting the house go.... STOP PAYING the CC immediately... you are just throwing money away.
      still buying time i don't want it file for a year if possible last ca was 12/10.

      Comment


        #4
        Originally posted by reboot2 View Post
        still buying time i don't want it file for a year if possible last ca was 12/10.
        I stopped paying in spring of 2009.

        I have been sued, lawsuit have been fought and have been dismissed (using Arb clause). Even if you cannot get them dismissed, one year is very doable... they will not sue you before 6 months and even if they sue you right after the 6 months mark (I don't think so...), you file an answer and a couple of motions and you reach the 12 months mark easy.

        I am familiar with buying time.... we had two reasons to do it, first see if my business would recover (strike that) and second see if our home value would recover (strike that also).... we kept current in the house. We are still current in fact, but is now just plain stupid.

        Again. I see NO reasons to continue paying the CCs if you are sure you will file.

        Comment


          #5
          Pensions are protected including contributions made to qualified benefits plans made over a year prior to the bankruptcy filing.
          Does this mean for the state of Louisiana anything that goes into the 401k for the past year can be taken?

          Most types of personal property, such as kitchen items, livestock, appliances and arms are protected unless they are valued excessively. Wedding rings are protected up to $5000.
          Does this mean my guns are good there is only 2 and they sure are not valued excessively. I really only care about the one i carry.

          Comment


            #6
            Arb clause??

            Originally posted by GWBcasualty View Post

            I have been sued, lawsuit have been fought and have been dismissed (using Arb clause).
            Would you mind explaining the 'Arb clause' you mention, and how it worked.


            Thanks...

            Comment


              #7
              GWB please do explain!!!!!! I'm faced with a suit VERY VERY soon, and I did look in the contract (helpfully sent by the "opposition") and it interestingly does call for arbitration but if and only if BOTH sides agree...so I don't think I can have it removed for arbitration....I may need to fork out money for a really great debt collection defense lawyer in my area if I can't file long enough...BUT GWB PLEASE let us know what your contract said!!!!!!!!!!!!!!!!!!!!

              Comment


                #8
                Originally posted by IamOld View Post
                GWB please do explain!!!!!! I'm faced with a suit VERY VERY soon, and I did look in the contract (helpfully sent by the "opposition") and it interestingly does call for arbitration but if and only if BOTH sides agree...so I don't think I can have it removed for arbitration....I may need to fork out money for a really great debt collection defense lawyer in my area if I can't file long enough...BUT GWB PLEASE let us know what your contract said!!!!!!!!!!!!!!!!!!!!
                In the cases I got dismissed the CC agreement read "Either you or we may, without others consent, elect mandatory, binding private arbitration for any claim, dispute, or controversy between you and us against the other"

                What does your arb clause says?

                Comment


                  #9
                  Originally posted by JJCA View Post
                  Would you mind explaining the 'Arb clause' you mention, and how it worked.


                  Thanks...
                  You file a Motion to Compel Arbitration.

                  Once the Motion is granted the case will be stayed or dismissed w/o prejudice pending Arbitration.

                  Arbitrations forums (esp JAMS) do not accept debt collection arbitration, 100% if started by the creditor.

                  Furthermore arbitration in CA costs zero for the consumer and all costs are born by the business. Arbitration costs are in the thousands.

                  Comment


                    #10
                    GWB thanks!! I have to re-read, but UNFORTUNATELY mine says exactly the opposite that BOTH sides have to agree to arbitration else lawsuit. So clearly, the creditor won't...but as i said, I have to re-read that...if I'm wrong, and it does read like yours...well hey, that would be good, as it would buy some time....but i don't think so...

                    Comment


                      #11
                      updating, We haven't talked to a lawyer yet but will be soon. not much to update other than whats new. We stopped paying all bills except cars after the advice here. We have now moved have different jobs in a different city making less (like our jobs better though, both or gov jobs), couldn't pay the cc even if we wanted, all the cash we had was spent moving, deposits, first last month rent. We have not been sued yet. Penfed is the one that has been the most active trying to find us they are about $20k cc. Been doing the means test again. They show for this area rent should be $715 for a family of 3. Don't know where they get these numbers from. We are paying $1100/month for a 3 bed 50+ year old house. Also been working part time delivering pizza, need money for lawyer.

                      Comment


                        #12
                        time has come to talk to lawyers, just got sued the same day by discover for my wife us bank for me. we dont qualify by income for chp 7 but by the means test it show us -450 month disposable.

                        Comment

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