I need help

[tundrawolf]

5 years ago I quit my job due to harassment. I chose not to go after the company, and instead followed a dream that involved working with exotic animals, which I lived out for a few years.

(Please bare with me)

After that, I got hooked up with some people who seemed like they were going places, but they ended up going places without me, and finally I was left begging for food on the street (literally).

A family from my church took me in and now I help them with their food ministry, I drive the food truck, distribute the food, etc. I live here rent free, but I also do not make any money. They will fill the gas tank of my motorcycle, but that's about it.

The last payment I made to my credit cards (All under $1,500) my loans (The biggest was for $3,500) or anything else was 5 years ago.

I financed a motorcycle which I gave back to my creditors, but they sued, and I didn't go to court (I tried to represent myself, but I didn't check the court date) and I lost.

I also have about $45,000 in medical debt. I believe the ambulance company may be suing me, too.

I have to my name: Non pawnshop worthy guitar stuff, a rotted out RV worth a few hundred dollars if that, an in pieces and rusty VW Beetle with no engine, and a rusty and beat up Chevy LUV truck.

The motorcycle I ride is a 2002 V Star 1100, which I haven't made a payment on, but when I called the finance company to give it back, they said they didn't want it back, and that I should pay it off as soon as I could.

I haven't had a job or bank account in 5 years. I don't own any property. Everything I have is correctly labeled as "junk".

Since I lost the court case, I am very seriously considering filing bankruptcy, instead of having all this debt haunt me for years.

I need help.. If I file for bankruptcy, what is going to happen? Are they going to take all my "junk", so to speak? What of the V star motorcycle which is my only transportation right now?

Thank you for reading.

[Regrets]

First let me say that I am sorry you seem to have had such a rough ride. I am no expert, but it seems to me that you are a perfect candidate for a bankruptcy in that you have no income, a lot of debt, and no really valuable property. There are exemptions for certain amounts of property in bankruptcy, including your vehicle. You are bankrupt.

[whipster1]

Most of your debt will age out in two more years, maybe sooner depending on your state. You are judgment proof, as you have no assets to collect from. Live your life.

[Flamingo]

Bankruptcy is not going to solve the situation you are in now although it will eliminate any possibility of creditors coming after you later. You have no income whatsoever, no benefits, nada, zilch... You are probably eligible for state welfare assistance and free legal aid. You don't mention your education or any marketable skills. As I stated, bankruptcy will eliminate the debt for which you are not now paying for anyway so it will not solve the major problems you have (basically homeless, dependence and no money). Where do you see yourself in a few years? I certainly wish you the best of luck and also suggest you seek counseling when you can outside of your church so you can get back on your feet and maybe pursue further education or brush up/increase your present skills.

Best of luck to you...

[tundrawolf]

Thank you for the kind words and the reply.

I have a technical question: Let's say I am also sued and lose for the ambulance ride. A judgment (Two, now) are against me. Let's say the debt ages after 2 years, and I find a job after 3. The judgments still can be against me, even thought the debt is done? If so, I am definately filing for bankruptcy.

How does someone who has literally, no money, file for bankruptcy?

[Flamingo]

Thank you for the kind words and the reply.

I have a technical question: Let's say I am also sued and lose for the ambulance ride. A judgment (Two, now) are against me. Let's say the debt ages after 2 years, and I find a job after 3. The judgments still can be against me, even thought the debt is done? If so, I am definately filing for bankruptcy.

How does someone who has literally, no money, file for bankruptcy?

If you have no money and no income, you are probably eligible for free state legal aid. A call to your state social services division will give you the information you need.

As to the judgments, you will have to check the statute of limitations in your state

[OhioFiler]

You have nothing anyone can take. Filing bankruptcy is not necessary unless you actually begin making money. Take Flamingo's advice.

[pcn]

Most of your debt will age out in two more years, maybe sooner depending on your state. You are judgment proof, as you have no assets to collect from. Live your life.

To be technical, I don't think he is judgment proof, as evidenced by his existing judgment. I believe the more accurate description is that he is "collection proof". Also, judgments can live a long life. He needs to wait to file bk until his situation improves and he actually need the protection.

[jribe]

judgements don't have a statue of limitations in most states; they renew. So if it's good for 10 years, after the 10 years it's renewed. Essentially- they won't go away. So if you ever do get a job- they will attach your wages, as well as any tax return you get.

Since there's no downside for you; you should file for BK. Sounds like a pretty easy case that you could do yourself. Buy (or get from the library) Nolo's Bankruptcy book (most current edition you can find).

It walks you through all the forms- shows you examples even. I seriously doubt that you would lose any of your "junk". Most states have exemptions; and it sounds like you maybe have a couple grand worth of personal items.

As an example; i can easily exempt 20,000 worth of assets here in CA. All varies by state...

As others have said- look into some social programs as well. There are plenty of people out there that abuse the system, take money that they don't really need. Sounds like you need it. I would be happy to see some tax dollars heading your way.

Thank you for the kind words and the reply.

I have a technical question: Let's say I am also sued and lose for the ambulance ride. A judgment (Two, now) are against me. Let's say the debt ages after 2 years, and I find a job after 3. The judgments still can be against me, even thought the debt is done? If so, I am definately filing for bankruptcy.

How does someone who has literally, no money, file for bankruptcy?

[pcn]

Since he is not employed, and has little to no assets, what is the downside to waiting? I was looking at it from the standpoint of him most likely having no medical insurance. Assume things do not improve financially in 2-3 years, and he (unfortunately) runs up some large medical bills. If he plays the bk card now, when he has nothing to lose, he is unable to protect himself later. If things improve, then file as soon as they do, since qualification for bk is a 6 month look-back, not forward looking. It seems to me that the time to file is when you have something to lose, or need to protect something. If he has a judgment and has nothing, they can get nothing. When it come time to use it, a bk voids the existing judgments.

[tundrawolf]

Thanks for the advice.

My medical debt was from a motorcycle accident that happened 7 or so years ago. I needed an airlift, etc, and was about a day away from getting the debt written off, but (I kid you not) the lady who was in charge of my case retired.

Anyway, I don't see myself incurring any more medical debt in the future.

My financial situation is going to change eventually, but not anytime soon. I don't want to be looking over my shoulder in the event that I become even remotely successful.

[hereforinfo]

Do you currently have health insurance? If not, you should hold off on filing. Of course you don't see yourself incurring any more medical debt in the future, but I'm sure you didn't see yourself incurring it 7 years ago either.

[tundrawolf]

I see your point... The only insurance that is feasible is state health insurance, which I have been putting off on getting. Maybe I should fill out the form..

[jribe]

Since he is not employed, and has little to no assets, what is the downside to waiting? I was looking at it from the standpoint of him most likely having no medical insurance. Assume things do not improve financially in 2-3 years, and he (unfortunately) runs up some large medical bills. If he plays the bk card now, when he has nothing to lose, he is unable to protect himself later. If things improve, then file as soon as they do, since qualification for bk is a 6 month look-back, not forward looking. It seems to me that the time to file is when you have something to lose, or need to protect something. If he has a judgment and has nothing, they can get nothing. When it come time to use it, a bk voids the existing judgments.

well.. what's the upside to waiting?

He has already stated that he is hoping that his situation will improve in a few years (like finding a decent job) and his medical bills were not due to an ongoing condition. If he waits- he's just putting things off. And for what? If he files now; he will have put a few years between his BK and getting a job. There are a lot of employers who won't hire someone right out of BK, or rent an apartment etc. There's no upside for him just waiting it out. The judgement will still be there.

If he files now- he gets it over with; and can go on with his life and not have to keep looking back.

As far as health insurance- many people go without it. I have it, and besides paying hundreds every month for something i don't use, it's not that helpful. If you have a real emergency most insurances don't foot the full bill anyway. Life happens. You just have to deal with it the best you can.

[tundrawolf]

You guys are great here. I really thank you for taking the time to help me out. I have lived with so little for so long it won't be that big of a deal to go without for a little longer after the big BK. It seems chapter 7 is the way to go, I will definately give the Nolo book a look at my library on Tuesday.

Another question: I see lawyers advertised on the net for $200, and for $500, are these guys just scams? Should I just do it myself?