New to site....got some questions, please help.

[amc3000]

Well, I have been reading on the site for a bit, and just registered. I have some questions I hope can be answered. Sorry if its lengthy.

Long story short, got about $21k in debt (CCs, unsecured eloan, furniture, etc) and that is not counting my truck payment. I have recently got divorced (5 months) and have to pay $800 a month for child support. With my current bills and that payment, I am sinking. And even worse, I am at my parents house. I havent even moved out yet. Credit score is still good.

Thing is, I HAVE to move out. Once I move out, I will be adding about another 900 dollars a month to my debt. There is NO way I can pay all these bills. So, I have looked at doing CCCS like my parents did but read good and bad about that. Plus, I have to get a place to live before I file, since landlords tend to frown on bankruptcys.

So, if I filed 7 or 13 say, next week, two weeks, or whatever, in the mean time do i pay my bills as usual, or at least try to? I see it takes about 3 months to be complete but during that 3 months, with my new rent bills, I will NOT be able to pay full amounts on everything. Bills alone will be more than I bring home each month.

Long story short, the child support killed me. I got left with alot of debt from the marriage, and i HAVE to move out. I am also trying to get custody of my daughter so I really need a place of my own.

Anyone got any suggestions? I would REALLY appreciate it.

I will continue to read the site and get some answers.

[rrockinggramma]

If you KNOW you are going to file, then why waste the money paying those bills. No new charges from here on out and cash only. Use your money to get yourself situated, new place to live, food, utilities etc. Make sure vehicle is current and child support is current, then file. If the debts were joint, even though divorced, you need to let your ex know what you are doing cause it could come back to haunt. Talk to an attorney to get the low down on how debt liability in divorce is handled under the new law.

[dp1969]

Figure on when you will file and then stop paying. If you have Caller ID, don't answer the calls. If you don't, let them know you've filed BK and that's all. Put your application in to a property management company (they usually hold them for 4-6 months). That way you will have your credit check done and no late payments or BK on it (we did that). Plan on saving all the money you don't use for the cc's for a 1st, last , deposit. Try to keep up on your car (I'm assuming you need it) or sell it and find a cheaper one. You can reaffirm it and use your vehicle exemption. The thing to think of is, do you want a "fresh start" (Ch.7) or can you pay your creditors back in an adjusted manner (Ch.13)? Given your situation, you might want to consider the Ch.7 but consult an attorney for better information. Most can give a free consult.
Good Luck and keep us posted.

[rilbrianne]

Do you and your ex wife have any bills that are still joint? Have you separated everything yet? You can't file BK on child support (actually, what I mean is that BK won't alleviate the obligation to pay future support), student loans, or taxes so that's one thing you should know up front. Let your ex know you plan on filing, just in case.

Get a few consults w/ lawyers, you don't necessarily have to retain any of them but the info will do you good. Stop paying those bills that you won't be keeping - only if your sure you are filing. Keep paying on things you plan on keeping, such as your car payment. Find the means test, if you haven't already, and see what your actual numbers are. You'll know then if you qualify for a ch. 7. You can google it.

Keep asking questions, and keep your head up. We all know where your at, but things will get better.

[amc3000]

thanks for the responses. Well, good thing is we dont have any joint accounts. I guess I will have to go and talk to a attorney to figure out which chapter to file.

As for the vehicle, I do need a car but im not really happy with my current car. Its a Dodge Ram that has been having issues, and gets 14mpg. If i dont want it can i just give it back? I dont mind going and finding myself a used cheap car.

I will work on finding the means test. So you think CCCS is not a good way to go?

And I will prob be getting an apartment this week. I kinda have to hurry since i know when i file, my credit will be shot. Kinda scary going and getting a place, knowing i can afford it. But, if i dont pay my bills i can


**BTW- Just thought of this. Apparentley, my ex wife has filed for BK. Turns out, the mortgage from our house is in her name, but I am on the Title Deed. Do I need to get off the deed before I file? I am not too sure what to do about that one.

THanks

[amc3000]

anyone want to answer my last questions? Id really appreciate it.

[FreshLikeADaisy]

AMC, I don't think anyone CAN answer the last questions without knowing whether you intend to file 7 or 13: those chapters are so different that what would be your best option under one may be the exact opposite of what you need to do under the other! So hit the pause button on those, and do what you have to do to figure out whether a 7 or a 13 is right for you. You got some good advice here, and many bk attys offer free consultations, so that looks like your first step. Good luck!!!

[amc3000]

thanks. i really appreciate it

[amc3000]

im just now trying to compile a list of questions to ask the attorney. I have a meeting with one on Monday.

[FreshLikeADaisy]

I hope it works out well and you get the info you need.