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**LostOne0069** · 06-14-2006, 08:38 AM

Lets see... to answer your questions:

Yes
Yes
No

Even if you lose no property, which the only way to be sure of not losing your house is to do a chapter 13... which means you'd be paying the creditor anyway.

If you don't have any equity in the house or car then you could do a chapter 7, but you'd need to prove that you can't pay them back... To give an obvious example: if you make $100k per year and have no real debt or exceptional living expenses then your case will get dismissed.

Bankruptcy is supposed to be for those who CAN'T pay their debt... not for those who just don't WANT to.

**krobin02** · 06-14-2006, 08:50 AM

Bankruptcy is supposed to be for those who CAN'T pay their debt... not for those who just don't WANT to.

Bingo... got it in one!

**anonymuse** · 06-14-2006, 08:59 AM

Originally posted by bradybunch

Now i don't want to pay them anything and would rather pay a lawyer half that to not pay.

Looks like substantial abuse of the system and a waste of the court's time and the tax payers' money.

We're here to help people with legitimate bk questions--not to show people how to do stick-it-to-them frivilous suits. Don't use the BK system to do your dirty work for you.

**bradybunch** · 06-14-2006, 09:07 AM

Originally posted by anonymuse

Looks like substantial abuse of the system and a waste of the court's time and the tax payers' money.

We're here to help people with legitimate bk questions--not to show people how to do stick-it-to-them frivilous suits. Don't use the BK system to do your dirty work for you.

I think a simple "yes" under the pigheaded part would have been good enough.I didn't ask for this comment.
i also don't look at it as a stick-it-to-then as you put it.
I offered to pay more then half of what i owed at a time when we couldn't really afford that.

If they do garnish my wages then it possibly could put us in a very bad situation.
thanks for your time jerk!!!!!!!!

**annikasaunt** · 06-14-2006, 09:48 AM

bradybunch,

I think the point is that if we all only had a debt of $3200, we wouldn't be stressing the way we are. That is nothing to file bk over and they won't even consider it. Unless you file pro se you will pay an atty 1/3 of your debt to file for you. Pretty silly if you ask me. Most of us have filed over thousands and thousands of dollars in debt. Mine was almost $40k in cc debt. I don't think you would look good in any courts eyes if you were to even try to file for that amount. Just my opinion.

**LostOne0069** · 06-14-2006, 09:53 AM

Yo, bradybunch, calm down a bit please.

Most of the information you put in this last post is NEW to us... meaning that your first post sounds like EXACTLY what anonymuse said. It sounds like you can easily pay the debt but just don't want to for reasons of your own and that bankruptcy is really just a way to screw them over rather than anything that you NEED.

A serious reply to your question... even WITH the new information is that $3200 is a rediculously small amount to go bankrupt over. It is actually unlikely (although not impossible) that they would even bother to actually sue you over it. It's much more likely that they'd just keep THREATENING to sue you over it and continue to try and make your live as miserable as possible in hopes that you'll pay them the money you owe. It may not even be LEGAL for them to actually garnish your wages. Check into what they actually CAN do to you rather than listen to what they're SAYING they'll do to you. If a garnishment for a measly $3200 debt would potentially wipe you out... you may be judgement proof.

I would strongly recommend that you try to work out some kind of deal with them... maybe a payment arrangement that lets you pay it off over time and stops the late fees and/or interest charges.

**danas15146** · 06-14-2006, 10:00 AM

Can you afford to pay that debt? My question to you would be why would you want to have a bankruptcy on your credit report for 7 - 10 years for $3200? We filed chapter 13 because there was no way that we could pay the $110,000 in cc debt and med bills that we had required. If I had any other way out I would have taken it. I can't see destroying your credit for a little over $3K.

**SinkingFast** · 06-14-2006, 10:07 AM

We could help you a lot more if you tell us what State you live in Brady.

The Creditor could indeed sue you for the $3200. Most especially if this is a smaller Creditor we're talking about here. Like a local car dealership or such. If they do, then you could be held responsible to pay their legal costs as well.

But Wage Garnishment Laws vary according to the State you live in. Some States don't allow for wage garnishments at all. Other States say up to X% of DISPOSABLE income. Other States are a flat X%.

Some States allow for Bank acct Garnishments. Depending on your source of income, the Creditor may or may not be able to get money from your bank acct. Some types of income such as Soc Security and Disability, are often exempted from garnishment.

So how much money the Creditor can or cannot get from you will probably determine what they will or will not do.

**bkbiker** · 06-14-2006, 10:39 AM

Hi bradybunch,

One has to start somewhere to learn what bankruptcy really is, and this is a good site to learn. Also you can learn what not to do.

Most people here had crippling unbearable debt and only filed bankruptcy as a last resort to salvage their lives.

Bankruptcy can be and is almost always very stressful; maybe even the most stressful time in my like to date, I wouldn’t wish it on anyone

For up to 10 years it stays on your credit record, and it will be hard to buy anything on credit for quite some time. Also; now employers, insurance agent, and anyone else who wants to know about your case can easily look you up (public records for all to see)

Maybe the best thing for you to do is just bite your lip and set up a repayment plan so your debt doesn’t continue doubling.

Good luck
bkbiker

**anonymuse** · 06-14-2006, 11:16 AM

Originally posted by bradybunch

I think a simple "yes" under the pigheaded part would have been good enough.I didn't ask for this comment.
i also don't look at it as a stick-it-to-then as you put it.
I offered to pay more then half of what i owed at a time when we couldn't really afford that.

If they do garnish my wages then it possibly could put us in a very bad situation.
thanks for your time jerk!!!!!!!!

Sorry if you didn't like the reality of my statement; however, if you've been paying your bills all the time on time then you probably have excellent credit. You should pull your credit report--everyone is allowed one free credit report per company (Transunion, Experian, Equifax) per year: https://www.annualcreditreport.com/cra/index.jsp

Make sure there aren't any outstanding debts that you are not aware of (I know, sounds weird, but I have someone with the same name showing up on my reports now and then.)

There are two kinds of bankruptcy--Ch 7 Liquidation or Ch 13 Repayment. There is a sticky with the "Tactical Bankruptcy Manual" in it to give you the basics.

Filing Ch 7 vs 13 will depend on your current income and if all your assets are exempt based on your locality and your ability to repay.

I'd hate to see someone ruin their credit for possibly the next decade by filing for such a small amount.

How do you intend to come up with the money for the lawyer? Filing fees are about $300. Credit counseling and debtor education are about $100. Lawyer can run anywhere from about $800-$2000+.

You have to do credit counseling prior to filing BK anyway--have you done that? They may be able to provide you with other options. Lawyers are not considered "Debt Relief Agencies" so they are limitted in what they can legally say to you.

Have you considered a home equity loan? That way you pay them back essentially right away without having more interest and late fees tacked on and then you are basically paying yourself back the money.

If we have details such as state you live in, monthly income for the last 6 months, number of people in household, amount of equity in your home and vehicle cost we can give you more guidance.

**aa06a47** · 06-14-2006, 11:46 AM

Originally posted by bradybunch

this may sound stupid to a lot and i may even offend some that are in financial burden.
i was thinking of filing bankruptcy and it is because of one debt.The debt is around 3200.00 and i got a court summons from them to appear in august.WE aren't behind on our bills because we have alwasy paid cash for everything except our vehicle and home.
We purchased a home a few years ago and I offered to pay this company 800.00 to settle (1500.00 is what i owed at the time)and they refused.
Now i don't want to pay them anything and would rather pay a lawyer half that to not pay.
I have a scheduled appointment with a lawyer thursday,but thought i would ask a few questions now.
does this really sound pigheaded and stupid?
can I file without adding my house and vehicle?
basically could i do this and get away with it and not lose anything valuable?

Sounds like your only debt is this $3200 and your secured debt (as you stated, you always paid cash for everything). Work out something with the creditor before your August court date. If you let it go to court, they will get a judgement against you and the public record will be almost as bad as bankruptcy. No good minded attorney will let you file bk on $3200, and even if you get a crooked lawyer that will take your 800-2K to file, the trustee will probably dismiss for abuse.

Just because the creditor wouldn't work with you several years ago when you offered 1/2 of what you owed them doesn't make them wrong. See what there willing to do now. They may want it all or go to court now since it appears you have been unwilling to work with them in the past.

**bradybunch** · 06-14-2006, 11:52 AM

yeah and i apologize anonymuse,i even realized i didn't give enough info on the thread and it did appear that was my motive in what you said,but still was slightly shocked at the response.

right now i have to take care of our newborn,my wife has to go to the doctor,but i really need some advice on some things.

I'll just start another thread in a few hours because this is very new to me,thanks

**scammer** · 06-16-2006, 08:19 AM

This wouldn't be our recently banned QG begger coming back to life is it?

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