Considering BK7 in CA...

[postie]

Hi

I am seriously considering filing for CH7 in California.

Got divorced couple months ago due to this and that my ex spent more than I can bring home pay (before that, I was able to pay but due to hours cut to 40 hours from as much as 60 a week for years!)

My debt included 10k Parental Student Loan (I'm well aware it's non-dischargable which is fine) with 15k auto loan and little over 30k in CC and furniture credit cards.

My debt rose so fast in the last 10 months due to the fact:

1) Separation and ex-wife leaving the rental place becoming my responsibility, the rent is somewhat high (Can't get out till next Summer when kid finally hits college from HS)
2) My pay cut suddenly while hoping that they would increase my OT which never happened thus using my CC to pay rent, food (I suck in purchasing food) utilities, etc... and buying some new bedroom and living room sets (she took nearly EVERYTHING except my clothes and inflatable mattress on the floor! It wasn't healthy for my daughter to see totally empty home (except her bedroom).

Few months later (early summer) I was struggling to pay this and that while paying for my daughter in HS *AND* one in college. I applied couple more cards with measly limits hoping pay would be boosted in time to repay back....didn't happen...I recently got RISE credit for $4,000 cuz I was that desperate and now I have stopped paying 4 CC's, 1 student loan (deferred) and soon RISE credit loan. I finally said to myself "STOP hoping for overtime pay...it's NOT gonna happen!"

So, creditors started to call all hours of the day even weekend (didn't answer!)

I know it may "Sound" like fraud for opening then not paying...I did pay but it got worse to the point "Pay for rent, food, kids, etc..." or pay 75% of your take home pay towards loans and cards?

My question is:

(No assets, just retirement pension when I retire, it's not much since court gave my ex half of my retirement recently my car is 2 year old with maybe 12k balance)

1) How much for simple CH7 bankruptcy lawyer in northern California? Is the fee included court fee?

2) I know I have to wait 60 days since I got RISE loan

3) How soon will Creditors start filing for wage garishments/judgements?

3) One of my charge card included RC Willey, what happens to the stuff I got to replace what my ex took? I am seriously gonna be forced to sell some stuff to get some money for food, kids' needs, etc..!!!

4) If for example I file for CH7 next January, what happens to my tax refund? I was planning (hopefully there's enough refund) to pay down student loan for my kid and use some to send my other kid to college

5) I'm so stressed out and really not knowing what to do but *ANY* advices would be much appreciated.

Thank you! I will soon read more of this Forum when I have time (really, I don't have time lately)

[kornellred]

Hello Postie - you will find a bonanza of great advice and sympathy here on the BK Forum. In all probability, one of the excellent moderators of this Forum will be here to greet you very soon - maybe even before I get finished posting this reply. They will never steer you wrong as long as you are completely honest (hey - "completely honest" might be the world's most interesting oxymoron - wink wink).
Interesting choice of titles for your thread - Chapter 7 in California. You must be aware that filing under Chapter 7 is not a flat-out choice: you must qualify for it, or else you will be required to file under Chapter 13. Because California is so huge and there is so much money there, it might actually make qualifying for Chapter 7 a bit easier for those debtors who are on the borderline as far as bottom-line eligibility for Chapter 7 filing is concerned. Only a competent bankruptcy attorney can provide guidance. You would be best advised to consult with one or to of them and then come back to the Forum and compare notes - so to speak.

Good Luck !

[postie]

Hello Postie - you will find a bonanza of great advice and sympathy here on the BK Forum. In all probability, one of the excellent moderators of this Forum will be here to greet you very soon - maybe even before I get finished posting this reply. They will never steer you wrong as long as you are completely honest (hey - "completely honest" might be the world's most interesting oxymoron - wink wink).
Interesting choice of titles for your thread - Chapter 7 in California. You must be aware that filing under Chapter 7 is not a flat-out choice: you must qualify for it, or else you will be required to file under Chapter 13. Because California is so huge and there is so much money there, it might actually make qualifying for Chapter 7 a bit easier for those debtors who are on the borderline as far as bottom-line eligibility for Chapter 7 filing is concerned. Only a competent bankruptcy attorney can provide guidance. You would be best advised to consult with one or to of them and then come back to the Forum and compare notes - so to speak.

Good Luck !

Thank you, Kornellred :-)

[AngelinaCat]

Hi postie:

As kornellred said, there is a wealth of information and experiences here. Read, read, read, and read some more. The more educated you are, the more successful you will be. Without knowing your circumstances, I cannot suggest a course of action right now. But keep reading, posting, and asking questions. It may be possible that you may be able to file yourself.

Welcome to the Forum, and Good Wishes to you!~~~

[BKAttyMI]

I do not practice in California, but highly recommend visiting with a bankruptcy attorney now for a free consultation to put a bankruptcy filing plan in place and to start saving up your filing fees.