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    Considering BK, looking for advice.

    Hi everyone,

    First post here, and wanted to give a thanks for the wealth of information here. I am considering BK7, and need some advice, answers, clarification, etc. as this lehman is having a hard time understanding the legal jargon I keep reading.

    Background on me, 26, no kids, not married. Have a mortgage ($733 monthly, 101k blance) Auto loan ($310 monthly, 21k balance), and a personal loan ($156 monthly, $5800 balance). I gross roughly $2600 a month, net about $2000. My monthly debt expenses (not including utilities, phone, food, etc) is about $1200. Add in in power, water, phone, fuel, and household necessities and I'm basically broke before I even deposit my paycheck. If I could eliminate the car and personal loan, I would have some more breathing room every month, and relieve alot of stress. Unfortunately, the car is worth about $7-10K less than the balance (neg. equity in last 4 vehicles bought at dealer... oops) My bank account balances are usually less than $500. I have some assets. Those being a Harley Davidson motorcycle, worth probably $3k, a few firearms, total value for all is about $1k, tools I use as a means of income (mechanic) valued at approximately $3 - $3.5k, and thats really it. I dont own fancy clothes, jewelry, furniture, etc. No retirement fund or savings (part of the reason for me wanting to do this, to save for the future, rather than stress everyday about bills). I have paid a couple bills a few days late maybe 3-5 times, but again, never more than a few days past the due date. Credit rating, last I saw was 771, not that it matters.

    My questions are as follows: My mom, along with my much younger brother and sister live with me right now, and have for the past 3 years, unfortunately. Would her limited income have any effect on MY household income? Basically, she is lving in my home rent free, though she does buy a bulk of the groceries in the house. From what I gather, my household income is just that, mine, and her income would not be included since I am not dependent on her.

    Second, I think I would like to keep my home throughout this process. Hard to say it's TMV, but Zillow has it at somewhere around $80k. A very similar home that was completly updated sold for $125k last month, I have done some minor things to my home, so I am guessing my TMV would be closer to what I owe on it.

    I must keep my tools, as that is how I make my living. I am not sure of the TMV, as I have accumulated over the last 5-7 years, but have purchsed the majority in the last 2-3 years, somewhere in the amount of $2500 +. Oregon's exemption is $3000, so I think I am OK.

    Technically, my Harley will be my only means of transportation, which I may sell to purchase a car or truck, as Oregon's weather only allows for a few months of consistent decent riding weather. Am I asking for trouble in doing this?

    Firearms- Oregons exemption states "a rifle, pistol, or shotgun" up to $1000. I own 1 of each, total value about $850. Am I allowed only one, or would I be allowed all since Market Value on them all is less than the $1k?

    So those are my questions. I do plan on contacting a BK attorney to get advice and make a more informed decision from there, but I figured I would check with the intraweb folks. Thanks in advance.

    #2
    I also wanted to add, assuming I do go through with the BK, would it be best to just stop paying the car/personal loan and wait for them to repo the vehicle, saving the money for attorney fees, or should I do a voluntary repo? Not really sure what to do there, but I know I need a vehicle to drive back and forth to work and it is my only reasonable means of transportation at the moment.

    Comment


      #3
      Hi and welcome to the forum.

      Oregon looks like it has some very nice exemptions. Use the 'Tools of the Trade' for sure. On the firearms--you are probably okay if the total value of all is what you say. Make sure you have paperwork backing that, as a trustee will likely question it.

      I also have read here that Zillow is one of the least reliable methods of determining a home's true value. More reliable would be a realtors statement of what similar homes in your neighborhood sold/are valued at for the past six months.

      If you are considering selling the motorcycle in favor of a car for reliable and 'weather-worthy' transportation, I see no problem in doing so now. As long as the cycle is sold for FMV and/or is used toward a trade in, there should be no problem as the trustee and court understands the need for reliable transportation. Now, if you had a car or truck AND the motorcycle, you might get a raised eyebrow. It depends on how well the exemptions work with your situation once you start filling out your schedules.

      Do schedule more than one--make it at least three--free consults with BK attorneys. The law is there--but as you pointed out as a 'lehman' trying to understand the legal code can be daunting, and attorneys themselves may have different interpretation of what a sentance in that code might mean.

      Good luck to you!
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment


        #4
        Hmmm. I missed that you had a car. I thought you only had the motorcycle, or was planning for that being your sole form of transportation.

        If you decide to let the car go, arrange for it to be picked up. A voluntary surrender looks better than an involuntary repo. If you do, make sure that you take pictures of it inside and out and have the person picking it up do a "walk-around" with you checking the dings and nicks it might have. Then get a signed receipt attesting to the good condition of the car.

        Or use that, along with the motorcycle as a trade-in for a good used car.

        Now, with all of that said, who provides the transport for your mother and siblings? You can't do it and be at work all day.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

        Comment


          #5
          Originally posted by AngelinaCat View Post

          Now, with all of that said, who provides the transport for your mother and siblings? You can't do it and be at work all day.
          She has her own vehicle. This is where most of my confusion lays. As far as I am concerned, there should be no connection between her income, assets, etc and mine in regards to this, even though she is staying in my home due to her financial hardships.

          Thanks!

          Comment


            #6
            Originally posted by AngelinaCat View Post
            If you decide to let the car go, arrange for it to be picked up. A voluntary surrender looks better than an involuntary repo. If you do, make sure that you take pictures of it inside and out and have the person picking it up do a "walk-around" with you checking the dings and nicks it might have. Then get a signed receipt attesting to the good condition of the car.
            If the car is not repo'ed before you file for bankruptcy, the finance company cannot legally report anything other than "account included in bankruptcy" and $0 balance owed. As long as you don't reaffirm, you can quit paying when you file, drive the car payment-free for a couple of months, and then when the repo man takes it away, buy something else.

            Comment


              #7
              Can you get a roommate to live with you? You really don't have much debt so imo it's more an income problem than a debt problem.
              Good Luck

              Comment


                #8
                I second Logan.
                Your debt is not worth filing for. You are young and have the energy and potential to make more money.
                Get a roommate and find ways to be more thrifty for a few years. See if your mom qualifies for more aid.
                Good luck and keep us posted.

                Keep On Smilin'

                Comment

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