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    #16
    As far as negotiating goes, it might be useful to see just how good some of these folks are but remember that you're at a disadvantage to a counter-party that deals with debtors like you day in and day out. The good ones know every trick and argument and their one job is to get money out of you before you hang up the phone. They can be very persuasive. The bad ones are downright abusive and you'll hate yourself for talking to them in the first place.

    From my experience, the first few months they're all about getting 100% payoff plus penalties and a really high rate of interest. After 90 days, they start softening their stance and are willing to do payment plans with no interest or some mild offer like 80 cents on the dollar. When the debt gets moved to either their law firm or sold off, the deals get more aggressive, while your chances of getting sued increases.

    So is there a best time? Not really, since the tradeoff is discount vs. lawsuit the whole time. And even if you're not really engaging them, their stance is changing: you'll see that in the voicemails they leave and the letters they send. Sometimes its aggressive, sometimes more open and conciliatory. For the amounts that you're talking about, half of them will move to sue pretty quickly and the other half will drag it out and try to negotiate with you, even if you're not looking for an offer.

    Now if you're worried about getting sued, I'd look to ways to delay and stretch them out for the 10 months until you file. I never did that and have been sued by several of my creditors, but I'm basically judgment proof and not particularly concerned about the record. The only thing I'm mindful of is keeping my bank account below the levy threshold. I'm also unemployed so I have no wage garnishment issues, and don't really plan on having to explain in a job interview why my blemished (and bruised) credit score doesn't make me a bad person.

    Now on a side note, if you are interested in working in finance, there is a fair amount of work in distressed companies, turnaround, and bankruptcy. What you're going through in wanting to protect your credit score is what a lot of business leaders and managers go through when their company is going down. Actually going through bankruptcy and learning how beneficial it is to you financially, and what it teaches you about creditors and debtors, assets and liabilities, is a powerful perspective that you'll never get from a classroom. It should put you at an advantage over someone with perfect credit and no idea how to handle things when the going gets rough. So while I've never been in a position of having to explain my credit score in a job interview, my only response would be to say that my problem wasn't my credit score, it was my insolvency, and my remedy was filing bankruptcy.
    // Non-consumer Ch 7 Filed on Oct-2012 // 341 Nov-2012 // discharge Feb 2013 // trustee's no distribution Jun 2013 // wondering about that foreclosure

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      #17
      i really appreciate all your help. as far as being sued and being judgement proof i do have one question. my personal bank account has less than $1,000 in it and i have no other liquid assets in my name, no money coming in on W2 (although my wife is going back to teaching in late september and will earn $37k for the year). my house, car, etc... have no equity. however, right now, i keep $30,000 in a brokerage account in my LLC name. my job is a day trader and this is the minimum i need to have in to earn a living. i am making just enough monthly to pay living expenses and i am about to leave the industry due to my struggles... trying to get into teaching, with finance being a fallback. i am planning on using that $30,000 to pay the IRS in october or november as i change jobs. should i be worrying about a credit card snatching that money before i have time to take it out and pay the IRS??? 1. it is in a corporation name. and 2. it is not in a bank in which i have credit card debt.

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        #18
        To get to your money, the credit card companies first need to sue and get judgement. After that it can move pretty quickly since they'll then have the power to levy your bank account (which they probably know about from your credit card payments). They might require an information subpoena to find out what assets you have (including the LLC) and where they're located and then levy your bank and brokerage account. You do need to answer that truthfully since it may come into play with your bankruptcy trustee. I don't know for certain but the brokerage account might be somewhat safer since they'd have to take additional steps to get to those funds. The 30k is a significant asset and you'll need to spend it down safely to avoid any problems later. The IRS is good choice.

        So I'd start paying the tax debts sooner rather than later, but hold back whatever money you think you'll need to live off of over the next 10 months. I'm keeping my bank account below the levy threshold and holding the rest in cash for expenses and emergencies.
        // Non-consumer Ch 7 Filed on Oct-2012 // 341 Nov-2012 // discharge Feb 2013 // trustee's no distribution Jun 2013 // wondering about that foreclosure

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          #19
          thanks dave. any idea what the levy threshold is in nj?

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            #20
            Originally posted by trader19 View Post
            however, i would certainly consider debt negotiation from the credit cards and get this over sooner and avoid bankruptcy.

            Debt settlement. The gift that keeps on giving...............
            All information contained in this post is for informational and amusement purposes only.
            Bankruptcy is a process, not an event.......

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              #21
              The levy threshold is $1,000 but its seems strange. You should do further research but it looks like some people have their whole account drained anyways, and with others the bank or credit union will help fight to keep the $1,000 available to you (but they'll probably charge you for the effort). I'd err on the side of having less money deposited than more.

              I'm mostly cash right now and I have much better discipline than when I had multiple credit cards.
              // Non-consumer Ch 7 Filed on Oct-2012 // 341 Nov-2012 // discharge Feb 2013 // trustee's no distribution Jun 2013 // wondering about that foreclosure

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                #22
                I would also be very careful about thinking that you are "judgment proof". At best, you may be "collection" proof, but I don't think so. Be careful of single-member LLC arrangements. If it's just an alter-ego of yourself, there could be "some" issue where someone could actually pierce the corporate veil.

                Remember, an LLC doesn't protect you from lawsuit and the judgment creditor reaching the assets of the LLC. The LLC's purpose is to protect you, the member(s), from the sins of the LLC! It is not to protect the LLC from your sins! A big and important difference.

                I'll say it again... you need asset planning and bankruptcy pre-planning.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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                  #23
                  justbroke.... i owe $37,000 to the IRS. the question is.... would i have enough warning that i could take that money out... pay the IRS and then truly have no assets? all before a creditor comes and takes it? or will i just be blindsided one day and have my account frozen?

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                    #24
                    That is something you MUST discuss with the attorney YOU HIRE. Which you should probably do sooner rather than later.

                    That 30K is at HUGE risk (also from the IRS). The LLC is not going to help you. It is not so much that they would need to take extra steps, per se, it is more an issue of finding it.

                    I think it is funny when people say, I have this, that and the other thing, yet...they owe the IRS as substantial sum. The only "reason" tax debtors have this that or the other thing is because they haven't been paying taxes (just an odd irony on mind set).

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                      #25
                      HHM... i am not trying to hide the 30k from the IRS. it is the money i owe them for 2011 taxes. i filed an extension until october/november. i plan on paying them as soon as i get the bill. in the meantime i am using it as a means of trading funds. i just want to make sure that a creditor doesn't sneak up and grab it before i can pay the IRS. will i have a little forewarning that they are going after the funds so i can quickly write the check to the IRS? i just don't understand the process of creditors actually getting my money. wouldn't they have to sue me first? and if that is the case... as soon as i got wind of a suit... couldn't i just send the funds to the IRS?

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                        #26
                        trader, believe it or not the only time you see a bill or notice from the IRS is when they've already started the process of recovering money from you. When you filed the extension in April, you were supposed to pay an estimation of what your taxes would be and, though minor, they'll charge you interest on the amount that was due April 17th. If you've finalized your 2011 return already you should just send it in now along with the payment (or at least as much as you can afford to send now). There's no reason to wait for the fall deadline.

                        And yes, most creditors will have to sue first in order to levy. The IRS gives a certain amount of time to remedy any debt before they throw it over to collections. The biggest current risk to your brokerage account is if you have credit card debt with a related company. They can then offset the funds to pay off the debt without suing first.

                        Now not to derail my own advice or anything, but are you sure you owe that much? Given your financial situation, I would hope there's some additional losses or deductions you can take against your income.
                        // Non-consumer Ch 7 Filed on Oct-2012 // 341 Nov-2012 // discharge Feb 2013 // trustee's no distribution Jun 2013 // wondering about that foreclosure

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                          #27
                          dave,

                          yes, i do owe that much. i made a good living last year. then an unforeseen event happened that has knocked my income ability to about 10% of what it once was. i am stalling the IRS with an extension and using that money as a low interest source of funds until i file my complete return in november. at that time, i will close my trading account and write the IRS a check for the amount owed. at that point, i will be totally broke and trying to switch careers into teaching. i would then head into my bankruptcy with no money and good 6 months of very low income to show.

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                            #28
                            It's a crap shoot then. You basically have 5 months. (hopefully you don't blow a trade and lose a good portion of those funds )

                            I forget when you said you defaulted on your credit card payments, but you might be cutting it a little close. However, do some research on how to respond to a creditor's complaint (e.g. how to file an Answer...don't get bogged down with Motion for more Definite Statement, Motion to Dismiss for Failure to State a Claim, etc). That way if you do get sued between now and then, you can buy yourself some time before entry of judgment. If you are already 4 or more months behind on payments, odds are, you will be sued at some point prior to November, probably around September or October.

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                              #29
                              trader, sorry about the event and I totally understand. That was me in 2010 and I'm only now getting ready to file.

                              Just remember to set aside money for living expenses (and your bk attorney) before giving the rest to the IRS. They won't like it much, but it's important to use what you already have for your needs first.
                              // Non-consumer Ch 7 Filed on Oct-2012 // 341 Nov-2012 // discharge Feb 2013 // trustee's no distribution Jun 2013 // wondering about that foreclosure

                              Comment


                                #30
                                dave.... it will be fine because my wife who has stayed home the last few years with our kids... will be going back to work as a teacher in september. and since we are not paying our CCs or mortgage... our expenses are very low. i am now 3 months behind on my mortgage so i am sure my next post will be how to stall a foreclosure for as long as i can milk it. house is worth 465k and i owe 465k.

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