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Hello! New here - Trying to climb out of the sandpit...

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    Hello! New here - Trying to climb out of the sandpit...

    Hi,

    I won't go into a lot of ugly details here (just enough), but I was here to research my options for bankruptcy.

    It appears that I am a classic case for a bankruptcy story: In the last five-plus years, I have suffered health issues (involving a sudden and involuntary hospitalization), sudden and involuntary job loss and then subsequent new job paying far less than old one, and a subsequent divorce (actually was also rather sudden. at least to me, and definately involuntary, as I didn't want it), after my wife chose to leave me basically for another man and take our kids with her. Now, I have to pay child support (which is OK, because I have two little boys who are my world), but it is about 20 percent of my net pay that I no longer have to pay other bills with. I have no real assets. The only secured debt that I have is a car payment to GMAC and some time-share property. Those two items are happen to be signed by both me and the now-ex-wife. She is making the payments on the time-share, while I am (barely now) making the payments to GMAC. I got a roomate to supposedly help split living expenses, but now that roomate has proven to be unreliable, and I am worse off than before. I have been slowly falling further and further behind. I am now behind on all of my regular bills, and have now fallen behind on the car payment. The only thing I am able to pay on time is the rent (again barely). I am getting no less than twenty creditor/collection calls a day, and that is just on my cellphone (I turned the ringer and answering machine on my home phone off long ago). They are even now calling my work and I am afraid that I am about to get in trouble for that from my employer if it doesn't stop, as it is disruptive to my job and the business of my employer in general.

    After resisting for a long time (I am an honest and honorable person and really really wanted to keep my obligations and pay my debts the best that I could, but as they say, the writing was on the wall), I was finally considering bankruptcy this past fall, but I erroneously thought that I had to wait until my divorce was final before I could really do anything about it and not have it affect my now-ex-wife as well. I received a notice this past November that one of the agents acting as a collector for a creditor had filed a suit against me. I foolishly did nothing, again thinking I had to wait until the divorce was final before I should act. The divorce became final in March. Just as I started to research bankruptcy attorneys in the area, I got another notice from the court. Said creditor that had served me in Novemeber was now pursuing a default judgement against me.

    A couple of weeks ago, I finally had a consultation with a bankruptcy attorney. She was very helpful and compassionate and answered all of my questions at the time (and since then I have more to ask). I really need to keep the car, and if I can get everything else settled, I will still be able to make the payments. So, besides the car, the attorney was confident that I could file Chapter 7 and wipe the slate clean. I will have the money to pay her to start the process by the end of this week (which I had to borrow from my mother, God bless her, as I know she can't really afford it either). And not a moment too soon, as it needs to be done to prevent any further movement on the default judgment.

    In the meantime, I am moving at the end of May (I cannot afford the rent on my own, since said roommate has not been found to be reliable) to something I can afford (which is not really much of a place, but it is a place to sleep). The gas is now cut off because of this as well. Yes, I have had to make some very difficult if not impossible choices...do I pay the car payment to get to work or the gas bill? Do I pay the rent or the phone bill? Needless to say I am not eating much, between the nerves and the fact that I am trying to squeeze every dime I have to cover my bills now. I can typically now afford to eat one decent meal a day, and either snack on something or not eat at all for other mealtimes. I was overweight and need to lose a few pounds anyway.

    Once I am relocated and the bankruptcy is all behind me, I can then hope to look at my next steps. In the short term I am probably going to have to get a second job so that I can pay off the debts I have with those that won't be covered by the bankruptcy (the regular monthly bills I am behind on, like the utilities, phone, etc.) as quickly as possible; hopefully no more than a couple of months. Then I am in desperate need of new glasses. I should then be able to focus on finding a better-paying regular job, which is another story entirely, given the current state of the economy.

    Anyways, that's the story in a nutshell...this site so far has been very helpful to me in answering a lot of questions I would have had. I feel that I will be better prepared to deal with my bankruptcy, and to get past all of this.


    Cheers

    #2
    Welcome to bkforum!

    It certainly sounds like you are at the right place at the right time.
    I'm sorry that you have had so many difficulties, but this will put the financial strain behind you.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      Welcome to the group!

      I know how you feel. Divorce is not easy...been there, done that. Just some thoughts I had.

      Any joint debts you may have at time of Bankruptcy, the Creditor will look to your ex for payment. We (I'm remarried) had a credit card that still had my ex's name on it along with ours. We thought we had taken him name off in 2005. We tried last Oct. to get his name off the account, but by that time I (who pay the bills) had quit paying on the majority of my CCs' as Attorney said stop paying CCs immediatey. So they refused to take his name off and his wife paid the credit card in full and we will owe her once our Bankrupty is over with. As you cannot make preferential or insider payments.

      I hope you have a fairly decent relationship with your ex as you need to get your name off of the time share and, if you want to keep your car..get her name off of the loan with GMAC. This takes awhile to do this.

      It sounds like to me you need to get your Bankruptcy files ASAP because of the judgements. Don't know if you are going to have time to do the above, but IMO I would work on getting her name off the car loan first.

      I fully understand about your medical bills. When people ask how we are doing, medical wise, I always say hubby and I along with our Shih Tzu are Walking Medical Patients. Our prescriptions are $500 a mth & that is with insurance. I've had 7 surgeries since 3/05 & hubby had 5 bypass in 2/07 & pacemaker in 6/07 at the age of 50. He is an OTR Truck Driver & missed 7 1/2mths of work in 2007. Our Shih Tzu is on 2 prescription ($70 a mth) & on prescription dog food.

      I was able to make our bills paying only the minimums on our CC bills while he was off work. Should have realized we were in trouble the first of 2008, but I didn't until 9/08 when we met with our Bankruptcy Attorney & he said stop paying CC payments except for one which I had made a balance transfer for a lower % rate. He told me to make 3 pymts & try to add a bit to each pymnt.

      So far, I don't think there are any Filed Judgements against us. Yes, after I stopped paying the CCs the phone rang constantly. Because we gave our Attorney a deposit, I was allowed to give his name, address & phone # to those who called, but I told them we were filing in Dec. So phone calls picked up again in Mar of this year. I answered a few & told them we didn't file becaue I have skin cancer (which is true). Now, we don't even answer the phone, advise from Attorney.

      Attorney said to file Dec. 08, but after hubby found this forum & I did some reading of posts plus using the search button, I found out my monthly QUADRO (monies from ex-husband) payments were included in income, we were over the median for our State. I received my last pymt in Feb., so we will be filing 9/09. I got another collection agency letter in the mail. That makes 2 and recvd 3 from the CCs. Praying we won't get sued before we file.

      I wish you Much Luck In Your Bankruptcy. Yes, you are right, your 2 sons are your world. Hubby once said to me as long as he had Me, our Shih Tzu & a roof over our heads, he would always be Content.

      Luci

      Comment


        #4
        Originally posted by LuciluS View Post
        Welcome to the group!

        I know how you feel. Divorce is not easy...been there, done that. Just some thoughts I had.

        Any joint debts you may have at time of Bankruptcy, the Creditor will look to your ex for payment. We (I'm remarried) had a credit card that still had my ex's name on it along with ours. We thought we had taken him name off in 2005. We tried last Oct. to get his name off the account, but by that time I (who pay the bills) had quit paying on the majority of my CCs' as Attorney said stop paying CCs immediatey. So they refused to take his name off and his wife paid the credit card in full and we will owe her once our Bankrupty is over with. As you cannot make preferential or insider payments.

        I hope you have a fairly decent relationship with your ex as you need to get your name off of the time share and, if you want to keep your car..get her name off of the loan with GMAC. This takes awhile to do this.

        It sounds like to me you need to get your Bankruptcy files ASAP because of the judgements. Don't know if you are going to have time to do the above, but IMO I would work on getting her name off the car loan first.

        I fully understand about your medical bills. When people ask how we are doing, medical wise, I always say hubby and I along with our Shih Tzu are Walking Medical Patients. Our prescriptions are $500 a mth & that is with insurance. I've had 7 surgeries since 3/05 & hubby had 5 bypass in 2/07 & pacemaker in 6/07 at the age of 50. He is an OTR Truck Driver & missed 7 1/2mths of work in 2007. Our Shih Tzu is on 2 prescription ($70 a mth) & on prescription dog food.

        I was able to make our bills paying only the minimums on our CC bills while he was off work. Should have realized we were in trouble the first of 2008, but I didn't until 9/08 when we met with our Bankruptcy Attorney & he said stop paying CC payments except for one which I had made a balance transfer for a lower % rate. He told me to make 3 pymts & try to add a bit to each pymnt.

        So far, I don't think there are any Filed Judgements against us. Yes, after I stopped paying the CCs the phone rang constantly. Because we gave our Attorney a deposit, I was allowed to give his name, address & phone # to those who called, but I told them we were filing in Dec. So phone calls picked up again in Mar of this year. I answered a few & told them we didn't file becaue I have skin cancer (which is true). Now, we don't even answer the phone, advise from Attorney.

        Attorney said to file Dec. 08, but after hubby found this forum & I did some reading of posts plus using the search button, I found out my monthly QUADRO (monies from ex-husband) payments were included in income, we were over the median for our State. I received my last pymt in Feb., so we will be filing 9/09. I got another collection agency letter in the mail. That makes 2 and recvd 3 from the CCs. Praying we won't get sued before we file.

        I wish you Much Luck In Your Bankruptcy. Yes, you are right, your 2 sons are your world. Hubby once said to me as long as he had Me, our Shih Tzu & a roof over our heads, he would always be Content.

        Luci


        Thanks for the kind words, StartingOver and Luci...please stay tuned for further developments...!


        Cheers

        Comment


          #5
          If you do not have money to feed yourself you should look into getting foodstamps. There is no reason to starve or to go without food.
          6/30/2009 Filed Ch. 7
          10/06/2009 Discharged
          01/24/2011 Closed

          Comment


            #6
            You can BK your past due utilities.

            DD

            Comment


              #7
              Welcome to the forum. As someone who has been through the job loss situation (70% loss of income; hubby's company merged eliminating his entire department) and all the blowouts and problems occuring from that leading to filing Chapter 13, when all this is over learn one thing from it. It can happen again if you do not learn and plan. Know that you can lose your job again and if you have high bills it will take you down again. Put a plan in place to keep debt down and start saving as much as you possibly can. You keep using the word "involuntary" in your first paragraph. No one ever plans for divorce, BK, medical proiblems or job loss to occur. But once it does and we are not prepared or have huge bills that cannot get paid, the tailspin starts. You will understand what I am saying after all this is over and you have less worry and more time to think things through. Just remember one thing - it is not the end of the world and believe it or not, it does get better.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

              Comment


                #8
                Welcome,

                It sounds oyu like have a realistic assessment of your current situation, and a decent idea of what things ill be like going forward.

                That puts you well ahead of where I was at that stage of realization, and probably ahead of many of us.

                With a clear mind and minimal emotions, you will be well prepared. Sometimes life hits us with a wicked left uppercut or twelve, and it sounds like you've taken your share.

                Good luck in all this, it DOES get better.

                I haven't even filed, though I have not paid any creditors in well over 2 years (long story, but it has worked out very much in our favor), but even we have a much greater peace of mind than I thought would be possible.

                Welcome!
                11-20-09-- Filed Chapter 7
                12-23-09-- 341 Meeting-Early Christmas Gift?
                3-9-10--Discharged

                Comment

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