ch 13 in alaska

[rppearso]

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

What are the negitive implications of filing ch 13 bankrupcy? Right now I have a credit card that my ex ran up and she pays 200$ a month and discover card brought her/my interest down to 10% but this will still take a long time to pay off and I have heard of settlements on credit cards for 0% interest and only paying back a portion of the debt. Discover is 100% unwilling to cooperate with me in this matter as far as bringing the interest rate to 0%. My ex is really bad with money and I dont want this debt to be dragged out forever because of the 10% interest on a 15K pricipial, she makes late payments and is really flakey, I have a dissolutionment so I could sue her for it but that would not really get me anywhere, I just want the debt settled in the most expedient manner and dont want to play the credit card game. Will a ch 13 bankrupcy force the credit card companys to a settlement of my choosing and what are the consequences to me?

Also is there any way to get a court order against a credit card company to stop sending you solicitations and if they violate that order hold them incontempt of court or if they call with solicitations get that individual slammed with a felony, I understand in some states (possibly alaska) making unsolicisted sales calls to black listed numbers will get you a felony, I believe credit card companys to be a thieves den and I want to hit them as hard as an individual can, I would be willing to fill out all the nessicary paper work if I had a path forward.

 

[bigun]

Will a ch 13 bankrupcy force the credit card companys to a settlement of my choosing and what are the consequences to me?

No. Bascially, after all prioity debts and living expenses are accounted for, unsecured creditors receive whatever is left of your disposable monthly income. The interest rate will be zero over the life of the plan {36-60 months}.
The downside to you is, a bk on your credit report and basically a bread and water existence while in a Chapter 13.
You post nothing about your income or any other debts so no one can say if this filing is overkill.

 

[rppearso]

I make about 4K a month net and have student loans of 400 a month plus a mortgage and associated fees of about 2000$ a month and then insurance vehical maintence bills etc probably another 1000$, I want to keep the payments to the credit card the same which is basicly what my ex pays now of 200$ a month, im not willing to go on a bread and water diet I just want the payments my ex makes to count instead of a portion of it going to interest. I am guessing that these 0% interest settlements you hear about are not the norm even though they are hyped up, im not poor but I do have extenuating circumstances.

If there is no way for me to win this is there any way to get blood by filing paper work that could hold them in contempt of court or otherwise have a felony on there record if they in any way shape or form contact me via phone or mail?

If my ex stops making payments and I refuse to pay them would they ever be able to get a judgement to garnish wages or is that reserved strictly to the IRS or limited other gov agencys?

 

[JustAPal00]

I make about 4K a month net and have student loans of 400 a month plus a mortgage and associated fees of about 2000$ a month and then insurance vehical maintence bills etc probably another 1000$, I want to keep the payments to the credit card the same which is basicly what my ex pays now of 200$ a month, im not willing to go on a bread and water diet I just want the payments my ex makes to count instead of a portion of it going to interest. I am guessing that these 0% interest settlements you hear about are not the norm even though they are hyped up, im not poor but I do have extenuating circumstances.

If there is no way for me to win this is there any way to get blood by filing paper work that could hold them in contempt of court or otherwise have a felony on there record if they in any way shape or form contact me via phone or mail?

If my ex stops making payments and I refuse to pay them would they ever be able to get a judgement to garnish wages or is that reserved strictly to the IRS or limited other gov agencys?

I just finished a chapter 13. DON'T DO IT!!! Unless you have no choice. They take 75% of your disposable income. Thus bread and water.

 

[AlexInCali]

Bankruptcy of any kind is the LAST OPTION

I agree with the previous poster. If you can not pay your bills, but do not qualify for a chapter 7 bankruptcy (or even if you do), you need to explore all other options available to you first. Look into a debt management plan (DMP) from a consumer credit counseling agency. They may be able to help. There is also something call "debt settlement" but I would look into the DMP route first.

There are organizations out there than can help you. Many are free, or low-cost.

Don't turn to bankruptcy until you're absolutely sure it's your only option.

(I'm not an attorney, fyi, just a guy who's been through a bankruptcy in years passed.)

 

[cosine]

I just finished a chapter 13. DON'T DO IT!!! Unless you have no choice. They take 75% of your disposable income. Thus bread and water.

They take what is left after providing you a means to continue to live, support your family, carry on your work, etc., at a very basic level. What the percentage works out to be varies by individual case.

 

[JustAPal00]

They take what is left after providing you a means to continue to live, support your family, carry on your work, etc., at a very basic level. What the percentage works out to be varies by individual case.

Disposable income is the money you have left over after paying all your necessary living expenses. They don’t take all that is left over, that’s what they take 75% of. Believe me though, you struggle! Mine was for 60 months.