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New, scared, and they are calling! advice pls!

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    New, scared, and they are calling! advice pls!

    mmmk. where to start.
    Had great credit NEVER late, bought a house in March. House needed work...used CC to do some projects expecting first time homebuyers $8000 tax credit. Credit cards were at about $12000 before. Now they are close to $30,000
    Typical story, thought we could keep up with payments, got overextended. Got furloughed, got sick, got pregnant, had 3rd baby...charging groceries and diapers hoping to make it to tax time to bring debt down. While in hospital in Aug. late payment...kapow! Spikes in interest...

    Sept (after another furlough day added plus benefits for newbie) everything is maxed out. Up until then we could rob peter to pay paul. For Sept and Oct we paid no cc, even borrowed $ for groceries. We didnt spend recklessly to max em out either...no big purchases except the dentist which was an emergency with daughter. We grossly miscalculated how much diapers and formula and groceries were running us, and for some reason budget worked on paper. I have been getting calls from them but are too scared to answer.

    We have no real assets. Zillow says our house is worth $220,000, but county tax bill has us at $179,000. Mtg is $181,000. We could not rent for what our payment is, as we got good interest at the time. I have a honda pd off worth about 6000. Its my hubbys commuter car. Have a van whose payments we have kept up with, and need as its the only car we all fit into. It may have a few thousand equity in it. Old furniture, old tv, kids toys? Not worth too much. My kids have 529 accts with maybe $1000 in them...gifts from old boss

    We would like to file next year and use the tax money for a lawyer, and maybe replace the fence as its rotten and there are roaches living in it trying to move in the house The only other hangup it this wilil be my hubbys 2nd bankruptcy. He was a starving student and racked up too much debt under the belief that IT professionals start at $70,000 yr. The school sold him a line of bull. The last one was done almost exactly 8 yrs ago. This one is my fault..as I was in charge of bills. The debt is all in my name, but he had cards too at my request...does this mean they were joint accts?

    Can we file? What about the calls...will they hunt me down and kill me lol? Will we get judged because of hubbys bk? I would file on my own, but those accts where he has cards are high and it doesnt help us if they go after him kwim. Will they nail us to the wall if we use tax $ for a lawyer and to "catch up" without paying cc bills? Because after we get the tax $ whats the point...they are gonna NAIL us with fees. Any info will help. By the way after car, mtg, ins we really only have $1100 for EVERYTHING else for a family of 5.
    We have kept up mtg, car, and Student loan.

    When I knew we couldnt pay bills, I called them and the only one who would work with us were the student loan with a forebearance. Chase tried a payment plan, but now I realize we cant even do that !HEELLLP

    #2
    I can't answer most of your BK questions but it sounds like you would qualify for a Chap 7. We didn't pay some of our cc for 3-4 months and didn't answer their calls in the meantime. Caller ID is a great tool to weed out their calls. I recommend you speak to a few attorneys for some free consultations. They will be able to give you some insight on the best way to approach your situation. This site has some great information and everyone is very helpful. I am sure someone else will read your post and be able to give you some additional information. The main thing you will need to keep current on is your mortgage. If you are late or dont make payments - you may not be able to reaffirm your mortgage. The best of luck to you

    Comment


      #3
      you just bought a house in march and are in this mess?

      why did you buy in the first place if you knew you would be having a child and racking up bills on the house to fix it up that you couldnt pay back?
      Filed 7/14/11....341 date is 8/23/11

      Comment


        #4
        Because we lowered our rent to move to a better neighborhood with more space for baby. Closing was more than expected, so there went some of our cushion. We bought the house as is, our inspector sucked, and some things popped up that were unexpected and unlivable...rotten gutters/wet crawl space. We charged hoping topay em off, and HAVE been making hefty payments.
        And no I did not expect to have all my daugters upper teeth to be blown out. I did not expect to lose 15% of our salary in the matter of the first few months of living here. Or them to realize they processed our benefits wrong and expect us to cough up $1000 for LAST YEAR..because of a mistake they made.
        Baby was to be breastfed, but I did not expect to have to take medication that would prevent that. Formula ranges 120-200 per month. We have everything for her clothes wise. We are cloth diapering, but still need to use disposables at night.
        We did expect to hang on until March, wipe it down with tax $, then continue to pay down. I have a 14 year credit record with NEVER a late.
        I would be fine to repay what we owe, but NO ONE will give a consolidation loan...and the juice keeeeps running, which they so kindly turned up and up and up.
        If you could point me in a better direction Let me know because this is NOT where I want to go, but we gotta eat man. And I want to cry. more now that I am gonna be flamed for asking for help.
        "call your creditors" why so they can raise my payment again? We miss WELFARE by $209.

        Comment


          #5
          A lot of people get overextended. Things look easier on paper than in real life. Stuff happens. Go have a free consultation with an attorney to discuss your situation and chapter 7 qualification. Heck, go talk to several attorneys. Take advantage of the free first consultation.

          Your husband's bankruptcy is old enough to not stop you from filing now. It won't look too pretty on the credit report since he will now have two of them on there but oh well, late & missed payments don't look that great either.

          Remember, the collectors are trained to LIE TO YOU. They will tell you that this bill MUST be paid by 5:00 today. They will say they are investigating legal options against you. What does all of that mean? Nothing! At 5:01 you will not turn into a pumpkin. Simply answer the call, confirm your identity and tell them at this time you will not discuss financial matters with anyone over the phone. Oh, this will make them mad and they will demand answers. Screw them. They are powerless.

          They are going to call you for a while trying to get you to pay. Then they will have collection agencies call you for a while to try and get you to pay. Then they may finally decide to file a civil suit against you to try and get you to pay. All of which go away the day you file your chapter 7. Most importantly don't get rattled by the collection agents.

          Comment


            #6
            thank you ;)

            Comment


              #7
              Originally posted by tjs1970 View Post
              you just bought a house in march and are in this mess?

              why did you buy in the first place if you knew you would be having a child and racking up bills on the house to fix it up that you couldnt pay back?
              Did you read the entire post? The OP or anyone else on this board planned on being in this situation.
              Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
              "One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."

              Comment


                #8
                Folsom10, in my opinion you do not owe any if us an explanation. We are here to help each other not to judge. Life happens. I'm new here and there have been many wonderful ppl that have helped me.

                I had awesome credit for 18 years and missed my first payment in September. I was scared silly. This forum has reassured me it will be okay. Check out one of my threads in collections titled "Citifinancial & Collections."

                I can relate and I think most here can. Keep your chin up and consult with some good BK attorneys in your area. Good luck!
                Stopped paying CC: September 2009 ; Retained attorney: 9/9/2009; Filed Chap 7: January 18, 2010; 341 Meeting: March 9, 2010; Discharged and Closed: April 29, 2010

                Comment


                  #9
                  Relax.......shizz happens, were human and all make mistakes.I have over 20 CC's stopped paying in January 09, yep, plenty of calls, but I have spoke to none. Plan is to file in January. Best advice.......relax, get your ducks in a row, and PLAN your bankruptcy
                  Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                  Comment


                    #10
                    Best advice I've seen in a while, "...PLAN your bankruptcy"

                    Comment


                      #11
                      Originally posted by tjs1970 View Post
                      you just bought a house in march and are in this mess?

                      why did you buy in the first place if you knew you would be having a child and racking up bills on the house to fix it up that you couldnt pay back?
                      I normally don't bother replying to posts such as these, but I will make an exception in this case.

                      You are an ass.
                      1/15/10 Filed ch7 2/18/10 314 meeting
                      2/22/10 Report of No Distribution
                      4/20/10 Discharged 5/20/10 Closed!

                      Comment


                        #12
                        Don't despair

                        Originally posted by folsom10 View Post
                        thank you ;)
                        We are in the same boat as you. AND we're in Cameron Park

                        Same thing - we bought a house to move into a better neighborhood, in 2005, inspector was a waste of money, a bunch of huge repair costs and we had to charge them all. Our child needed speech therapy at $110 a session, twice a week for for 8 months and insurance did not cover. Our car needed repairs. My husband needed oral surgery and our out of pocket was over $1300, yada yada yada.

                        We managed to make the payments on the CC for a few years until Jan this year when our dear friends at the CC companies decided to bump up our interest rate to 29.99% and raise our min payments so much we could no longer afford them in any way whatsoever. Keeping our home is important to us so we had to pay the mortgage 1st.

                        We've not paid them since Jan and now they are starting to get way more aggressive. We've tried to work with them, tried to settle these accounts with reasonable amounts but the CC companies are unwilling to play ball.

                        The icing on the cake was when come scumbag collection agency called my husband's BOSS and "left a message" - after we had specifically told them the week before my husband could never be contacted at work.
                        I called back one of the attorneys we had consulted and retained him TODAY.

                        Now they will get NOTHING. Don't feel guilty and please don't despair. Just do what you gotta do to take care of your family and if that means filing BK well be it. It's not the end of the world. You will survive.

                        The important thing is we all learn a lesson from this and not repeat our mistakes.

                        As for us - we have not used a CC since Jan and funny enough we are still here and have food, and our bills are paid (except the CCs of course!) As for getting future credit - they can shove their CC offers where the sun don't shine. We are not interested in ever getting one ever again even to "rebuild your credit".

                        We're done.
                        Stopped paying c. cards February 2009
                        Retained attorney 11/5/09 - $100k in C.Card debt - $120000 per year income - Filed Feb 2010 - 341 Apr 2010 - No Asset Case/Report of No Dist Apr 2010 - Discharged June 2010
                        Case went without a hitch!
                        I HELD MY HEAD HIGH IN THAT COURTROOM AND NOW I AM MOVING ON!

                        Comment


                          #13
                          I agree with pcn related to tjs's post. Tjs appears to be judging and has no information to offer. Why, when, and where anyone makes a decision is their own call; the fact that credito extended credit was the creditor's call. You have plenty of time to plan yoru near-future. Just my opinion.

                          Comment


                            #14
                            Well, first thing is congratulations on the new baby!

                            Next, let's talk about the home inspector. If he was as bad as you say, and didn't do his job, then he should have insurance to cover his faults.

                            Then, find you a good bk attorney to discuss your situation.

                            Good luck.
                            All information contained in this post is for informational and amusement purposes only.
                            Bankruptcy is a process, not an event.......

                            Comment


                              #15
                              Thank you. Baby is a ray of unexpected sunshine ;) The inspector covered himself by writing "may have unforseen issues and further investigation blah blah bla" after EVERYTHING. We had blinders on because it was a good price, first house, and after being shut out for so long. I mean we were in contract since January, and didnt close till March, so I got a good learning lesson for next time.

                              I agree with Cameron park...I will NEVER touch another cc...EVER! cash cash cash...and if its not there oh well. We both work btw, and shop at winco and thrift stores...but man everything is still going up up up, except our income

                              Any suggestions as to a good lawyer in the area or one to avoid Cameron park

                              Comment

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