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    Hello. My name is --- and I have a problem.

    Hello.
    Wow. I feel like I've just come to my first "AA" meeting and I'm admitting that I have a problem. Ironically, bankruptcy is the worst solution to any financial problem. At least, that's what I've always said. And now I'm feeling a huge sense of relief at the thought of maybe starting to put all of this behind me. Strange concept.

    My husband and I made a huge leap of faith in the real estate market about 3 years ago. We were on a high!! We bought 7 houses in less then a year and even closed on 2 of them in the same day! Impeccable credit and the ability to repair/remodel most things ourselves...we were going to hold on to the properties for just over a year (avoid higher taxes) and sell.

    But the economy is in a slump, and just when we are ready to sell, we can't. There hasn't been an offer in almost a year! WE stopped paying on our credit cards in Feb 09 and I'm thinking I'm pretty close to being taken to court for one of the 5 cards. I've received a notice that I have 30 days to dispute the debt (which we will). Our lawyer wants to counter sue them for unfair debt collection practices. The problem is, will this really put it behind me, or will it just be sold to another creditor and the saga continues?

    We are at the point of considering to file bankruptcy. My home has very little equity in it (used that to buy the rental houses). We have a truck that will be paid off next Sept, so I would prefer to file NOW to avoid losing it. We have a few toys that we could lose (2 snowmobiles and a motorcycle). I don't like that idea because one of the sleds is my sons as well as his car (in my name). I lease my car.

    But we have 6 rental houses (3 are in our LLC from our business name). If someone offered to buy them all today, I doubt we could payoff the $120K we owe on credit cards.

    The question is, do we go with bankruptcy or see what happens if we just let things roll as it is? I am a daycare provider/photographer, so much of my income is offset at the end of the year. My husband works outside of the home and makes about $40K/yr. However, we've shown a loss for our rental business on our taxes, for the last 2 years and our income is so low that our kids qualify for "free" lunches at school and state paid health insurance (even though we have health insurance too). Does this make us not collectible?

    I dont know what to do. If I file, then I can start living my life without the worry of a creditor calling me or my family anymore. I also can start to rebuild my credit--which always used to matter. And we hope to pay our home off in 7 years. I don't want to get sued because of this situation right now....I'd rather file Chapter 7. But maybe it's not that easy. I don't know what to do. I'm just frustrated and tired of working 80 hrs a week so that we can eat Mac and Cheese and pay the mortgage payment for tenants that can't afford to pay us!

    #2
    You're in a state with good bk exemptions.



    Noway you'll dig out of that mess on $40K a year income. File and be done with it. Qualifying for free lunches has nothing to do with be execution proof. You are in a state that allows wages to be garnished and bank accounts levied. FDCPA violations have nothing to do with the debt itself unless, you can leverage the violation into an out of court settlement where the collection agency agrees drop the debt and never resell it.
    BRW, post any followup questions in the Chapter 7 forum or the general bankruptcy talk forum for more views. This forum is sort of a catchall place where we talk about stuff other than bk's.

    Comment


      #3
      Yes file and be done with it. Why does everyone post a long rambling about why they are in debt. We don't care. If you can't pay the debt in the foreseeable future, file. That's what bankruptcy is for! Don't get depressed about it, instead do something about it.
      Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

      Comment


        #4
        Without knowing more about your debts and equity positions it's difficult to offer worthwhile advice.
        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


          #5
          Sorry for "rambling". I thought this was the only place to SHARE my financial situation in a SAFE environment. I know you don't CARE about my situation. I only thought you would have insight to the problem since you were here before me. Remember, we all have to start somewhere. I will post my ramblings to the Chapter 7 thread. Since I'm UNSURE of what to do, I wasnt sure where to post. I certainly didn't mean to waste your time reading about my life. Jeesh.

          Comment


            #6
            Don't let one poster's rudeness affect your perception of the forum as a whole.
            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


              #7
              Thanks OhioFiler. It's not easy to know what the right answers are to my problems. I don't even know the right questions. But I appreciate your kindness. I feel very alone in my thoughts right now and really only turned to this forum because I was hoping to feel better about what needs to happen in my situation. It's difficult to take the first step. I meet with a lawyer next week to discuss our situation. I don't even understand half the terminology, so maybe I can contribute to the conversation when I actually know what to say.
              Thanks again.

              Comment


                #8
                One thing you don't need to feel is alone. Believe me, we are all there now or have been there in the past.

                Comment


                  #9
                  You are not alone. This forum is a Great Resource and we do have some members who are very coarse. Even with that, the camaraderie and sense of friendship is what we are known for. This is a trying time for everyone, believe me. Feel free to ask any question you like, stupid or not.

                  First, there are some sticky's around the forum (check the Chapter 7 area) that will provide you with some insight into the process. If you don't find what you're looking for, try posting a new question.

                  We don't bite... really.
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog

                  Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                  Comment


                    #10
                    Originally posted by justbroke View Post

                    We don't bite... really.
                    If one of us does nip a little, don't worry, most of have had our vaccinations . You won't catch anything.

                    Welcome to the club.

                    Now sit down, kick up your feet and someone will be by with a drink momentarily.
                    Southern District of Florida
                    Filed Ch 7 - 8/6/09 341 - 9/14/09
                    Report of No Distribution - 9/18/09
                    DISCHARGE ! 11/23/09 Closed 12/8/09

                    Comment


                      #11
                      Thanks. Bloody Mary with a Bud Light Chaser...please.

                      Comment


                        #12
                        We have all nipped and been nipped. Don't take it personal.

                        Welcome to the forum. We are all on this ship together.
                        All information contained in this post is for informational and amusement purposes only.
                        Bankruptcy is a process, not an event.......

                        Comment

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