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Advice and opinions needed on BK in Ohio

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    Advice and opinions needed on BK in Ohio

    Hello---thanks in advance your your input !

    I have been stressed about this matter -----however just getting on this forum and speaking with an attorney on the phone is already bringing me a sense of relief !!!

    I have accumulated 80,000 in CC debt the last 9 years. Some of it from irresponsible spending and some to pay bills and survive over the years. It all started with a divorce, loss of a good job making 60k per year then making 30,000 per year. The last job ended because it was federally funded at a University and I have been out of work for 1 year. I was working 2 jobs the past 5 years to pay my bills and continue to work the part time retail job making around $500.00 per month plus my unemployment of $250.00 per week.
    I have always made my payments on time and still have a credit score of 720.
    I am 48, have a great work history and resume but cannot find a decent job let alone a great job ---and with this economy it does not look very good of finding a job soon.....even though I try every day for 4-5 hours trying to find a job.

    I have been remarried for 3 years----100% of my debt and obligations are my own. We have kept our finances 100% seperate since we were married ----out of necessity and her own financial obligations from being widowed and raising 5 kids on her own. She bought the house we live in 9 years ago and her name shows on the deed only. We have no joint debts nor have inccured any major joint assets since we have been married. She has great credit and a good job but just manages to pay her bills.

    Chase just raised 2 of my CC minimum payments from $630.00 to $1600.00. This will bring my total minumum payments to $2800.00 per month.
    This is pushing me over the edge to pay my bills and brought me to this forum. I hate to think of BK but right now I have no other logical choice.

    From all my research on this forum and the internet I should be able to file on my own without my wife's credit being hurt or her losing any equity in the house.
    Is my opinion correct ? ( I live in Ohio )

    I have an appointment with an attorney in 2 weeks.

    Do I file chapter 7 or 13?
    Would I qualify to file chapter 7?

    I have been selling off most of my gun collection to pay my bills.
    All of the guns I have sold off were to pay my credits cards and other living cost. I have a few guns left that were passed down from family and a few others valued at 4-5K.
    Should I sell them off or would I be able to keep them ?
    Will the courts and trustee ask for proof of these sales and what the money was spent on. I sold some to private individuals and some to a local gun store so it would be hard to prove the private sales. I only did this for financial survival not of my choosing. Total value of guns sold was probably $12,000 the past year.
    Is this going to raise any red flags with the court or trustee? Would it be a problem to sell off more on my guns to help pay my bills right now?

    I know the post is long and I have many questions----thanks for reading this far and for any advice and or opinions you may have.

    #2
    You can file w/o involving your wife's credit. Whether you can file a C7 or a C13 is a function of the means test.

    You will be able to exempt some assets. Those guns you have are probably not worth what you think(at least in the bk sense).

    Stop paying those credit card bills now! You are wasting money if you intend to file bk.
    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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      #3
      I am meeting an attorney a week from Tuesday.
      Would sure like to be able to stop paying the CC bills to free up money to pay for an attorney !!!

      Guess I will decide what my options are after talking with the attorney and see if he thinks ch 7 or ch 13 will be the way to proceed.
      Based on the meeting I will have an idea on which way to go and what my choices are.

      Still curious if a trustee is going to question all the money I raised selling guns to pay my CC. But it is what it is right now and I have no way to change the past--- My bank statement/ balance sheet will show that the dreaded CC got whatever money I did have.

      I did not think of actually filing bankruptcy or even contacting an attorney until chase sent me a letter saying they are raising my payments in August 2009.
      That is what put me over the edge.
      I am still in disbelief that Chase is even doing this to their customers !!

      Comment


        #4
        If you are going to file, stop paying all your unsecured(credit card) debt.

        You need to disclose all the sales and how much you got for them. You may be asked where the money went. If it went for living expenses and bills, no problem. You may be able to exempt some or all your guns depending on what other kind of property you have and what your states excemptions are.

        Comment


          #5
          Originally posted by Mike4898 View Post
          I am meeting an attorney a week from Tuesday.
          Would sure like to be able to stop paying the CC bills to free up money to pay for an attorney !!!

          Guess I will decide what my options are after talking with the attorney and see if he thinks ch 7 or ch 13 will be the way to proceed.
          Based on the meeting I will have an idea on which way to go and what my choices are.

          Still curious if a trustee is going to question all the money I raised selling guns to pay my CC. But it is what it is right now and I have no way to change the past--- My bank statement/ balance sheet will show that the dreaded CC got whatever money I did have.

          I did not think of actually filing bankruptcy or even contacting an attorney until chase sent me a letter saying they are raising my payments in August 2009.
          That is what put me over the edge.
          I am still in disbelief that Chase is even doing this to their customers !!
          If you documented it you've got no problem.
          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

          Comment

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