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Should I even bother?

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    Should I even bother?

    Long story short…because of reduced hours I fell behind in my car payment. It was repoed in late 2008. in april of 2009 we stopped using and paying our credit cards. Again because of the reduced income, we stopped paying our mortgage in nov 2009. I was finally laid off in may of 2010.

    I then found a job in sept of 2010, but between the repossed car and the defaulted cards we were to behind far to catch up. In jan of 2011 I was given a special forbearance to make my home loan current and allow me to keep my upside down house. To make the payment I had to tap my IRA for 8000 to make 2 months of modified payments. My second car that we have paid sometimes is about to be reposed and I had to use some of the 8000 to buy me a cheap 4000 car to have a way to work. I have 3000 left but now that my wifes last day of work has come and gone we wont have her income so I need that 3000 to help with our mortgage.

    It gets better….i have had a personal family loan that I have been paying for 500 a month. I am also on my moms bank account that I NEVER deposit any thing into, but have written checks from but none in the last year.

    I know im in for a rough time, but I just got my first lawsuit filed on me from one of the credit cards. I have tried to keep my family out of this but I made things worse. My income is 54,000, a family of 4 in California and I have roughly 45,000 in debt.

    Can someone help with what to look forward too? Should I even file? Should I just take a judgment?

    Please any advise would be appreciated.

    #2
    You sound like the 'quintessential' candidate for BK. And NO, you do not want to have a Judgment. That just makes more hurdles you have to jump. Please give us an idea of what the $45K of debt is for.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      about 35,000 for credit cards and 10,000 for the repossessions.

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        #4
        Originally posted by humrc View Post
        My income is 54,000, a family of 4 in California and I have roughly 45,000 in debt.

        Can someone help with what to look forward too? Should I even file? Should I just take a judgment?

        Please any advise would be appreciated.
        The median income in California for a family of 4 is $78,869 so you're under the median as far as qualifying for Chapter 7.

        My advice is to get a free consultation with a bankruptcy attorney and tell him everything. Right now you have the money you would need to pay a bankruptcy attorney. It's the perfect time to investigate your options.

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

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          #5
          I dont want a judgement. This lawsuit has really made me believe there is no other choice.

          My main concerns are the personal loans to family that i have been paying for 500 a month, being on my moms bank account which i never deposit to and the 8000 i have withdrawn from my IRA to put in my bank account to help us with our mortgage.

          Are these things that can get my BK dismissed? Or just cause major problems? I havent used or paid the credit cards in 2 years, will they be a problem?

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