becoming a hoodlum

[floridian]

i talked to a new lawyer last nite, that said because my salaries are all disability, im judgement proof...
he said that if im thick skined and can deal with the stress of creditors, i can just walk away from all of it...
he said that even though i pass the means test, that the trustee will probably put me in a 13 status...god forbid, as i could barely survive after a 7....
he said i could change my phone number and get a po box or get ready to suffer under a 13 plan....
im not believing this...
or i can keep on like im doing and live day to day and dip into the cc when i get in a bind....
sounds pretty grim...
i called the bank about my mortgage and they will give me a deed in lieu, but will still come after me for any deficiency after they sell it..
how can this be?

[southernbelle]

JMO, but if you qualify for a chapter 7, how could they push you into a 13 if your only source of income is from disability. For the peace of mind, I would talk to another atty to see if you could get rid of the creditors once and for all if you have significant debt.

Good luck.

[mrbsf]

...he said that even though i pass the means test, that the trustee will probably put me in a 13 status...

Really...on what basis did the lawyer give you for this action? If you want to discharge all unsecured cc debt and surrender you home in a DIL, without responsibility for the deficiency, a Ch. 7 seems the way to go.

[floridian]

in my way of thinking, i was going to let my home go back and eat any equity.(i had about about 20k equity before the land bust and now probably nothing).. lose my CC debt and maybe one of my motorcycles.... then with the increased rent i would be paying, i would still have about 800 bucks a month for food, gas etc.... i guess thats a little unrealistic.. but trying to live off 3 hundred bucks a month is unrealistic too... i spend 100 bucks a month feeding stray cats {yeah, i know thats foolish}

the reason that i was going bk in the first place, is that i was living off credit cards because my bills left me 300 a month to live off of.. i figured that it would take 20 plus years to recover, if nothing happened....

what if i got sick, my health insurance still leaves me a deductable...

[floridian]

Really...on what basis did the lawyer give you for this action? If you want to discharge all unsecured cc debt and surrender you home in a DIL, without responsibility for the deficiency, a Ch. 7 seems the way to go.

he said that i would have too much disposable income to qualify for a 7.... from what im reading on this forum, a 13 is the kiss of death.

[mrbsf]

...he said that even though i pass the means test, that the trustee will probably put me in a 13 status...

If you pass the means test, you qualify for a Ch.7. Am I missing something?

[d80indebt]

I can't imagine how you wouldn't be able to discharge your debts in Ch 7. I'd talk to another attorney. Good luck!

[floridian]

i went to a new lawyer today and he said that a 7 is not a problem...the only downside is that i will have to give up my motorcycles, as they are a luxury....
i am going to move and give up my home and rent a nice place..
i will then be able to breathe a little...
i will miss my bikes, as they are my main pleasure.... it may take sometime to be able to finance another....

[floridian]

my motorcycle is my main transportation and the lawyer said it has to go, being clasified a luxury item... he said that i wont have any problem buying another, after its over...

so i call several dealers and asked if i can get financing with a bk... none would commit to a yes.... harley davidson in the past, would finance anyone with an income... well, the finance manager said thats changed due to the current economy...

so, its looking grim... the motorcycles that i have to return, are going back to the credit union...

i was told, that the credit union will offer to resell them to me... am i allowed to buy them back after the 341?

[Never_Again]

Yes, you could do a redemption, which would essentially take the down to what they could be sold for at auction. You would have to pay it in cash however.

You will probably have a tough time financing a motorcycle for a while after a CH7.

You can still be placed in a 13 if you pass the means test. It has to do with disposable income after the bankruptcy is put in place. But with disability income, you should be fine, as long as you do not have too much left over after the bankruptcy.

[floridian]

im worried about having too much diposable income after the bk... i would have about 800 bucks a month to live off of after i pay my bills....
if i were to be put in a 13, i think i would just walk and do what ever it takes to get by.... im too old to spend my golden years under someones boot for five years...

[Flamingo]

in my way of thinking, i was going to let my home go back and eat any equity.(i had about about 20k equity before the land bust and now probably nothing).. lose my CC debt and maybe one of my motorcycles.... then with the increased rent i would be paying, i would still have about 800 bucks a month for food, gas etc.... i guess thats a little unrealistic.. but trying to live off 3 hundred bucks a month is unrealistic too... i spend 100 bucks a month feeding stray cats {yeah, i know thats foolish}

the reason that i was going bk in the first place, is that i was living off credit cards because my bills left me 300 a month to live off of.. i figured that it would take 20 plus years to recover, if nothing happened....

what if i got sick, my health insurance still leaves me a deductable...

I commend you for feeding the stray cats but at $100 a month that's a bit high for yourself in your financial position. Also, the cats have become adjusted to you feeding them so they will not leave as you are a food source and they will start having litters around your house and also bring in other roaming cats and could create a health hazard in your neighborhood as to cat droppings, etc. There was an article on a woman in another part of our state who was feeding stray cats and the cat population showing up became so large the neighbors finally reported her as cats were using their gardens or children's play area for a litter and meowing at their doors.

There are various cat or animal rescues that have locations to take stray cats and will find them homes without the threat of being put down or you can contact your SPCA to come get them, check them out for diseases and parasites, and hopefully get them good homes and proper care, especially since it appears you will be leaving your house.

[floridian]

i did not intentionally get myself into the cat situation... i have to take my garbage to a collection station, as i live in a rural county... irresponsible people would throw them out at this location... for a couple of years, i would have to look at sick hungry cats that werent feral, but cast out pets....

so, i would bring them food everyday and it was fine for a year or so.... the cold hearted woman who managed the site started to kill them and worse... animal cruelty laws here are not inforced....( this is one of the reasons that im moving from this place)...

i had a few acres attached to my residence, so i started bringing the kittens home..... i spent hundreds and hundreds of bucks, having the cats neutered and necessary shots... so, there will be no breeding and multiplying....

the house that im moving to, is on the edge of a wooded area and the city has no laws as to the number, as long as they have collars and shots..

i have tried to find homes for them, with limited success...maybe im strange, but to drive off and leave these cats that sleep on the end of my bed at night at a shelter would be very stressful...they trust me... even the shelters that say they dont kill, still do...

the new residence has tile floors and a cat door... i know, that in a few months, the population will thin out, due to predators or whatever...but, cie la vie, ive done my best...

i know that i sound like some animal nut, but i only had one pet at a time, until i moved this place.... when the herd gets thined out, there wont be anymore....

[Genenco]

i did not intentionally get myself into the cat situation... i have to take my garbage to a collection station, as i live in a rural county... irresponsible people would throw them out at this location... for a couple of years, i would have to look at sick hungry cats that werent feral, but cast out pets........

I know the feeling, lived in Iowa for a year, picked up a paper which a couple had 2 dogs they needed to place in a home. I took them, thin, malnourshed and TERRIFFIED of me at first. But after 4 months and lots of treats, petting and just decent behavior, they bonded CLOSE to me, so much so, even family that met them were not fully trusted for about a year..Except Mom, they seemed to know this was my Mother who taught me to be nice and they took to her quickly.

so, i would bring them food everyday and it was fine for a year or so.... the cold hearted woman who managed the site started to kill them and worse... animal cruelty laws here are not inforced....( this is one of the reasons that im moving from this place)...

i had a few acres attached to my residence, so i started bringing the kittens home..... i spent hundreds and hundreds of bucks, having the cats neutered and necessary shots... so, there will be no breeding and multiplying........

That's a killer there for sure..When I got my dogs, I blew $300 on them within 4 weeks and that wasn't easy to come by at $6.20 per hour. But I did it and never regretted it.

the house that im moving to, is on the edge of a wooded area and the city has no laws as to the number, as long as they have collars and shots..

i have tried to find homes for them, with limited success...maybe im strange, but to drive off and leave these cats that sleep on the end of my bed at night at a shelter would be very stressful...they trust me... even the shelters that say they dont kill, still do.......

Don't you hate that? Those "No-kill" shelters are mostly questionable and some are just downright BS...

the new residence has tile floors and a cat door... i know, that in a few months, the population will thin out, due to predators or whatever...but, cie la vie, ive done my best...

i know that i sound like some animal nut, but i only had one pet at a time, until i moved this place.... when the herd gets thined out, there wont be anymore....

No, you're not a nut, you just know what you can do, you do it and pray there's others somewhere being as helpful as you are to those who are truly innocent.

[dingdong]

HI,

I think your feeding the cats is a very honorable and gracious act. We all spend money on frivolous things, ( not that I think caring for animals is frivolous, but I am sure many might) and you obviously gain pleasure and a sense of accomplishment for these kind acts and you should.

So I have a few suggestions. Have you tried calling the nearest SPCA, or Animal services center and tell them your story. I know the agencies around here can get food for free or wholesale from places like Purina. You might want to ask if you can purchase food at a discounted rate, since these animals would have probably ended up in their care at a much higher cost to them if you didn't take care of them. Also, local pet/feed stores often throw out damaged bags/cans of pet food. Ask them if they would consider donating the damaged goods to you for the care of the cats. Tell them your story and income issues and see if they will just give it to you. Also, I don't know how rural you are, but around here I often see cat food and cat paraphanalia given away for free on Craigslist in the Pet section, I guess from people who have lost pets or no longer have them. You could even post an ad saying you are caring for these unwanted cats and any donations of food would be appreciated.

Also, write a heartfelt letter to Purina, IAMS, or similar and tell them your story and ask for a donation, you never know, they may send you a giganto bag of food for free.

Good luck, and Happy Holidays and I for one applaud your caring for these animals, I am a huge animal lover and have many times gone without a few things just to pay a ridiculous vet bill. ( Financially stupid, I know but I saved a couple of children broken hearts and that is priceless)

I could be driving ( 2500.00 vet bill for surgery) one of my cats right now if he hadn't been run over by an evil little neighbrhood kid on a bike.