My Nerves are Shot!

[spearmint]

I have been on the verge of filing BK for two years now. The stress is terrible. Today a process server left a card on my door. I don't know which creditor it is. I have a small student loan, back taxes to pay, many medical bills for hospitalization when I had no insurance. Has anyone else been at their wits end?

[pamkev]

I have been on the verge of filing BK for two years now. The stress is terrible. Today a process server left a card on my door. I don't know which creditor it is. I have a small student loan, back taxes to pay, many medical bills for hospitalization when I had no insurance. Has anyone else been at their wits end?

Yes we all have. I should have filed last year as I saw us just spiraling downward but we kept hanging on cause we thought only "bad" people file BK and thanks to the wonderful people on this board it has made me see there is no bad people at all only people who have though no fault of there own lost jobs hours cuts medical issues only to find the cc companies stick it to us or our homes a are so underwater all because big business needed to make a profit after us taxpayers helped bail them out. Here is a thread I started when I was really down and anytime I even think about going there I read it and it uplifts me.

http://www.bkforum.com/showthread.ph...cy-a-bad-thing.............

[spearmint]

I lost my home, too. Long story. I filed for a loan mod and then lost my job and all of a sudden it was sold from under my feet. I have been surviving on temporary work for two years and recently got a long-term contract job but I am scared out of my wits because I owe back taxes, a student loan and medical bills that I cannot pay. I want to pay back the taxes but have been waiting until i could afford to do so. I just can't on what I make now. Now I rent a place and I keep thinking maybe they are going to kick me out although I have had no issues with the landlord and pay my rent every month on time. I am getting paranoid.

[spearmint]

In fact, I can barely afford to file for BK. My car is 15 years old and about to die. I can't get ahead no matter what I do.

[spearmint]

Now that I remember about six months ago a hospital collection place kept calling me. I was not working at the time and blocked the phone number. For some reason I had it in my head that hospitals wouldn't sue you. This might be what it is. This man who left the card on my door is obviously a process server. He had white papers in his hand.

Unfortunately, there are some debts that BK won't clear - such as taxes and student loans.

[ValleYum]

BK will clear some taxes. There are finite rules about it. Make a new post about taxes and the tax gurus can help. Welcome, you have found a great place for great info.

[btbeme]

Easy, my friend. Whatever a BK cannot clear, can be negotiated afterwards. We have no debtors prisons and we don't operate under Sharia Law.

Some questions... do you have a timeframe for filing your BK? Is there something that is delaying your filing? Do you have an attorney, or at least spoken to a few (using their free consultation)? A worthwhile consideration - looking at a few of your earlier posts put a thought into me head. Student loans can sometimes be cleared under medical reasons. Its not easy, but might be worth a conversation with a GOOD attorney or two.

[spearmint]

Easy, my friend. Whatever a BK cannot clear, can be negotiated afterwards. We have no debtors prisons and we don't operate under Sharia Law.

Some questions... do you have a timeframe for filing your BK? Is there something that is delaying your filing? Do you have an attorney, or at least spoken to a few (using their free consultation)? A worthwhile consideration - looking at a few of your earlier posts put a thought into me head. Student loans can sometimes be cleared under medical reasons. Its not easy, but might be worth a conversation with a GOOD attorney or two.

I have been putting off filing because there is one debt I have that is not supposed to be dischargable and, if not, my attorney says it would go to Ch13 and I do not have the money to pay it back even under Ch13. However, the attorney I met to t discuss all this two years ago said there is a chance the other side might not contest it and it might then be dischargable. It is a very large debt and if they contest it, it would mean a sort of lawsuit within the BK. I don't quite understand it all.

Also, Ch 13 means the courts take away any enthusiasm to get ahead and earn more because if you do, they take it.

This particular attorney whom I spoke with two years ago is very good. That's one blessing - the only one I can see.

Another thing that worries me is that I now rent a home and I owe the owner money (not from back rent because that is current but from another debt - it's a very long story). If I declare BK, then I have to discharge this debt - and then I could get kicked out!

I only have 7 years until retirement and the last 10 years have taken all my savings just trying to survive. A Ch13 would be the end. I just don't make enough to pay back such large debt. The economy put paid to that.

Then, even when the BK and this other issue got resolved, I would then have to start paying back taxes. It seems there is no end to all this.

[kornellred]

spearmint - since you are "up in the air" about filing for bankruptcy, why don't you play along with the creditor who is initiating the lawsuit, answer the summons, go to court, and let them do what they do. I don't know if California permits wage garnishment, but if it does, there is always a maximum amount that can never be exceeded. Make sure you have no money in your bank accounts. If direct deposit of your earnings in mandatory, try and find someone whom you can trust to accept it into their account. Do this after the asset examination hearing.

After you have become accustomed to living with wage garnishment, determine if bankruptcy is the better alternative. Then, if it is - file for bankruptcy.