Home     Law Advice     Insurance Advice     Community    
Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Consumer Bankruptcy

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-11-2004, 10:23 PM
in_idaho
Guest
 
Posts: n/a

Questions about wisdom of filing bankruptcy?


What is the name of your state?What is the name of your state? Idaho

I am single, no children, currently have $32,000 in credit card debt, and about $16,000 in cash. I am current on all cards (debt is all on 2 from cash advances) and my credit history is good. Interest will remain low until December. I am unemployed with employer challenging unemployment claim. I am applying for work mostly out of state with software headhunters for jobs that would pay $6000 a month or more, don't know what my chances are of landing one. I am 48 with five years experience.

No other assets of any kind, current monthly total living expenses of about $600. I have $4500 in an IRA.

I don't want to file bk, but chapter 7 may be necessary. I am trying to weigh the consequences versus the need to discharge the debt. I have talked to debt negotiators, I would have to purposely go delinquent before being eligible, and they want 15% of the reduction, plus there is the taxes on the 1099 income, so I don't see where you come out that far ahead.

Any advice would be appreciated.
  #2  
Old 09-12-2004, 03:09 AM
Member
 
Join Date: Sep 2004
Posts: 31
Trust me. Stay away from debt negotiators. They will make your problems ten times what they are now.
  #3  
Old 09-12-2004, 11:37 AM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
First of all, with 16K in CASH if you file for BK the Trustee will take most or all of that, depending on exemptions, to pay your creditors. The IRA would be safe.

Obviously you have that 16K to live on for a while - which is more than most people can do. Once that runs out, then BK would probably be more of a reality.
Until then, as long as you're current, creditors won't even put you on a hardship plan. The irony of that is that you must be 3-4 months past due before they'll consider a hardship program.

Debt negotiators are definitely BAD news and will likely drive you to bankruptcy a lot sooner. People get sued because you stop paying creditors while you 'save' money for them to negotiate settlments - and you're paying for them to totally wreck your credit !!
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:37 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.