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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 06-08-2009, 11:43 AM
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Join Date: Apr 2009
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New in Bankruptcy


What is the name of your state (only U.S. law)? California

5 months ago I lost my job, now I'm losing my house because I could only get a part time job with minimun salary. I have like $25,000 in credit card debts. Is bankruptcy right for my? what are the pros and cons? what should be my first step? how much would it cost? what chapter should I apply????
  #2  
Old 06-08-2009, 01:37 PM
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Join Date: May 2001
Posts: 6,450
I'd suggest you not file for bk until, you get your finances stablized. Don't play the bk card too soon. Make sure you have a job with insurance benefits and you're making enough money to at least cover your basic living expenses. You don't want to file and then 6 months later have a serious illness or an accident and have large medical bills you can't pay and you've already played the bk card.
The pros to a Chapter 7 bk is, all unseured debt like a mortgage deficiency and cc debt are wiped out and you have a fresh financial start.
The downside is, the public record will remain for 10 years on your credit report and will hamper your access to credit and may affect your employment prospects and raise your insurance premiums.
  #3  
Old 06-08-2009, 05:37 PM
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Posts: 689
Quote:
Originally Posted by bigun View Post
I'd suggest you not file for bk until, you get your finances stablized. Don't play the bk card too soon. Make sure you have a job with insurance benefits and you're making enough money to at least cover your basic living expenses. You don't want to file and then 6 months later have a serious illness or an accident and have large medical bills you can't pay and you've already played the bk card.
The pros to a Chapter 7 bk is, all unseured debt like a mortgage deficiency and cc debt are wiped out and you have a fresh financial start.
The downside is, the public record will remain for 10 years on your credit report and will hamper your access to credit and may affect your employment prospects and raise your insurance premiums.
For many people, it takes BK just to get their finances stabilized ... when they are being forced to change their lifestyle to one with a much lower income (as many people are being forced into these days). In some cases, filing ASAP is actually better. There's no simple answer, even if you know all the details of a particular person's case. Issues like the medical bills you raise are certainly valid. But how long does one wait for their big medical emergency to happen so they can discharge it? Maybe the OP, after BK discharge, can get into a better financial position that includes medical coverage.

It all depends. There's no simple answer. A friend of mine expedited his chapter 7 and got back on his feet very quickly after it was over.
  #4  
Old 06-08-2009, 05:52 PM
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Join Date: May 2001
Posts: 6,450
I believe you should emerge from bk in better shape than you entered. At a minimum, you need to be able to support yourself without access to credit and the best time to see if you can do that is prior to filing. You don't want to file prematurely and end up like these 2 posters on another site.

[url=http://www.bkforum.com/showthread.php?t=38855&highlight=inpain]I am sooo poor - Bankruptcy Forum[/url]

[url=http://www.bkforum.com/showthread.php?t=39850]Anyone scared about still being able to afford to live after... - Bankruptcy Forum[/url]
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