Sad story of a fool

[OhioFiler]

So you don't think its better to start now incase later I still don't meet the income limits for a chapter 7? My attorney said that all that is required to change to a chapter 7 is the income. I/we need to be at $5588 or less and we were at $5865 because of a stock cash out in Sept. My income in December puts me higher so that is why the wait until July.

Given your inconsistent income you are a terrible Chapter 13 candidate.

I wouldn't worry about being a couple hundred dollars over the mean. Besides, September drops off in March anyway. That is only a couple months away.

[Mi Bankruptcy]

How many attorneys did you meet with? You should at least meet with 3.

[BKman]

Did that. I have been talking to some most of this year. One wanted $$$$$$$, the other said they would take her car, and the last one seemed to be the best. $1500 for a 7. $5000 for a 13 (put in the payments), and $500 to convert to a 7. I asked around and he had good reviews.

[Mi Bankruptcy]

Did that. I have been talking to some most of this year. One wanted $$$$$$$, the other said they would take her car, and the last one seemed to be the best. $1500 for a 7. $5000 for a 13 (put in the payments), and $500 to convert to a 7. I asked around and he had good reviews.

Good Sounds like your on top of it. Just don't ignore the calls like people say. They will call family and neighbors.

[Mi Bankruptcy]

Here is a script I created for my wife..I never recorded a call. My goal was to get the customer service rep to do their job and remove me from their call list.

Hello,

May I ask who is calling (if they don’t tell you who is calling ask the question again) This phone call is being recorded if you do not wish to be recorded please hang up now.

This is Mr. or Mrs. I am currently filing for Bankruptcy if you believe I owe you a debt you will have to contact my attorney for further information.

Would you like my attorneys name and contact information?


If they harass you your reply is:

My attorney can answer your question would you like his/her name and contact information?

Since you do not wish to contact my attorney regarding your question I must terminate this call. Have a Nice Day (Hang Up)

[BKman]

I have reviewed my options and I think a chaper 13 is the way to go. My first paycheck in 2009 didn't come until May but I can't take the chance that I would have another income month like December. At that point I would have just waisted time and not started to heal my family. We should be ok on the bills because I have not charged anything in the last few months and things seem to be fine. I have my budget set for the next year.

[becky20]

Did any of the attorneys have you fill out anything with your expenses? There is more to qualifying for a chapter 7 than just the income limits - there are plenty of people who are over the income limits but, based on what their expenses are on their schedule J I think, they may still qualify. Did any of the attorneys ask you for more information or did they just say - oh, you make x amount, you'd have to do a ch13?

Also, if you're wanting to sell next year and move to be near her family, and are 130k upside down, why on earth would you not just give up the home in the bankruptcy? I'm in a ch13 and we moved out of our home in April - and as of December I think they still have not foreclosed...

[BKman]

I have about $277 DMI each month, so they say. I asked around and did the numbers. I would rather rent the house before I do a short sale or let the bank have it. My goal is to keep my wife out of this as much as I can. The BK will only hurt me not her. So she will be the one to pull us back to norn. A short sale or foreclosure will stop us from purchasing something else for 2 years.

[momisery]

No, that is the job of talk radio.. lol

[momisery]

I think there are some cases where one spouse or the other is not taking this very serious and that could cause a divorce. One is working, the other is out pretending to work or pretending to look for work that would cause one too. If you have the brains to worry and your trying that is about all you can do. I hope things get better for you both.

[OhioFiler]

I have about $277 DMI each month, so they say. I asked around and did the numbers. I would rather rent the house before I do a short sale or let the bank have it. My goal is to keep my wife out of this as much as I can. The BK will only hurt me not her. So she will be the one to pull us back to norn. A short sale or foreclosure will stop us from purchasing something else for 2 years.

You should share more income and expense details with us. I don't see a C13 in your future based on what you are telling us now.

[PacificBlue]

I think you should take the advise of Ohiofiler. Just slow down, and start making a plan. From what I hear, it's not easy to go form a 13 to a 7, plus it's extra money to do so.

Don't let those phone calls do what they are intended to do. Intimidate you, rush you into something, make you make mistakes.

If you can, get your wife to read some posts on this site, or even with you, or simply tell her you need her input, thoughts, and goals.

My wife is the bread winner in the family, and does all the bills. I noticed a change in her a few months back. She was worried, upset, not eating much and I could tell something was wrong. I thought it was due to my cancer coming back, (it was about the same time) so I kept telling her, "no worries, we gonna beat this again".

Then one day I seen her paying bills at the computer and she was crying. I insisted she sit with me on the couch and talk about what's wrong. She then told me what the credit cards companies had done, and it was taking all our money to stay on top now. She said with the new rates, they will never be paid off, and where will the money come from what the insurance doesn't cover for the cancer.

I said yes and???? She said and I don't know what to do. I told her, I do, and we will do it together. From this point on, we do not pay another CC bill, we will seek an lawyer, and in a few months file BK.

She is back to her fun self. Every now and then she or I will almost feel bad about it.. then we come to this site, and read some posts, and know we will be okay.

[BKman]

My average (commission only) for the last 6 months was $1265. My wife did a $4500 stock cash out (paid us after taxes $3009). That was is September. That pushed her to an average of $4600 a month. Minus our bills and business costs leaves us about $277 DMI each month. Income limit for our state is $5588. We are at $5865.

Like I said, I had a good December almost $8100(gross). If they used that income it would put us at an average of $7215. I have talked to my CC's and they want way too much money to keep them happy. I just don't want the stress anymore. I have nothing lined up for January or February. The odds of doing very well in March, April, May or June is not that good but not a chance I want to take by waiting to file. I live in a community state and I don't want to take the chance my debt goes after my wife.

[PacificBlue]

Well, you got to do what you feel is right, all we can do is offer advise. I wish you well and hope the family stays a unit.

[BKman]

Thank you for your input. I know it's a long road ahead. My attorney says converting to a 7 later is based on your income. We will see how it goes. Best of lusk to you. Merry Christmas