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We did it!

Date: Thu, 07/10/2008 - 19:51

Submitted by alias1958
on Thu, 07/10/2008 - 19:51

Posts: 1230 Credits: [Donate]

Total Replies: 28


Well, it's been a pretty depressing day. We met with and retained a BK attorney today to file Chapter 7. We had hoped to avoid it and to somehow turn things around enough to at least be able to offer partial settlements to our creditors, since we do feel morally obligated to pay our debts. BUT since we are now about 90 days delinquent on all of our accounts, and we are still barely living paycheck to paycheck, we just couldn't see any way to manage even partial settlements on our $140,000 credit card debt.

Add to that the fact that one creditor has already moved my husband's account to their litigation department, and we felt that we had to protect our wages from being garnished. We would have waited to see if they actually filed suit, but since it's very likely that my husband will pick up some seasonal work over the next two to three months, we didn't want to risk not meeting the means test by waiting to file (because after that two to three months, the seasonal work will die off--but it will stay in the means test for six more months).

So we did what we felt we had to do, but it's depressing. HOWEVER, I must admit that it did feel great to be able to tell the collector who just called that we have retained an attorney and please don't call back! (I have to look for whatever bright spots I can find at the moment!)


alias, I know how today feels, we did it a few years back, but it will be so much better in the long run, only one word of advise....Be very careful when you start to re-establish your credit, don't get back in over your heads, its very easy to do, even with the BK lots of "sharks" love to give credit to "fresh out of BK" folks. Trust me I know...That's what's gotten me into my current mess. But this time we are doing dmp and believe me I'm feeling the pain and I think there a reason for that, so this time I will learn my lesson, since I obviously did not the first time:)

Best of Luck to you! Reny


lrhall41

Submitted by lmale on Thu, 07/10/2008 - 20:11

( Posts: 742 | Credits: )


lmale, I totally agree..I filed BK 2 years ago and I'm heading down the path that lead me there the first time. But I'm getting control of it before it gets to far. Your right, a few months after I filed I was getting offers left and right for credit cards and car loans and whatever else...it's so tempting.
Now I'm back with 5 credit cards, but they are small balances that I can handle. I'm going to get them paid off and closed and just going to keep one major one.


lrhall41

Submitted by PinkLady on Thu, 07/10/2008 - 20:28

( Posts: 1720 | Credits: )


Thanks everyone! Even though right now I never want to see another credit card in my life, I'm sure that it will be tempting when the offers start rolling in. I need to be sure that we are better disciplined and that we somehow get some money saved for emergencies.

One of our biggest problems was that my husband was self-employed and we would use credit to buy materials for his jobs, then by the time he finally got paid, we used the money for living expenses instead of paying off the materials. (And sometimes he didn't get paid at all.) Since he is still doing some side work, we will definitely have to watch that tendency very closely!


lrhall41

Submitted by alias1958 on Thu, 07/10/2008 - 20:53

( Posts: 1230 | Credits: )


My husband also was a contractor/builder and wouldn't get paid until the job was completely done. Our biggest problem was when he built his brother his house and the bank wouldn't pay him a penny until the home was finished, so for 7 months we had no income of his coming in...that was rough and that is what put us in the nose dive...and besides that I was just diagnosed with MS which didn't help matters at all.

Even though we hated to do it we had no choice..it's been 5 years and everything is great...he has manged to refinance our home and purchase two rental properties and a newer truck...so it will get better it just takes a little while.


lrhall41

Submitted by ladybug on Thu, 07/10/2008 - 21:00

( Posts: 2753 | Credits: )


THATS GREAT LADY!your husband is no longer a contractor? you said he was one? I don't know of any contractors who have fled thier jobs in these trying times this is so SAAAAAAAAAAAAAD di your husband suffer inadequate feelings of not being able to care for you and your illness? This is so sad your case is very unique


lrhall41

Submitted by on Sat, 07/12/2008 - 02:29

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Alias, I responded previously to your post and felt you should definetly consider the BK route. I am sorry that your situation warranted BK, but now that you've filed, I'll bet you feel a world of relief knowing that you can now focus on the basics such as food, clothing, shelter, etc.

It is important that you immediately create a budget to live on and set-up some sort of systematic savings plan. You will find doing this will lift your spirits even higher!

Best wishes sent with hugs! (Things will be okay!)

Oh...and now's your time to have fun with the collectors when they call!!! ;)


lrhall41

Submitted by desperatelyseekingsanity on Sat, 07/12/2008 - 07:33

( Posts: 1129 | Credits: )


Thanks, Desperately, for the words of encouragement! I did feel some relief for about a day and was looking forward to being able to focus on the basics and know that we could at least pay those. Now, however, it looks likely that my husband will probably lose his job. We won't know for sure until next week, but it looks pretty likely. It just never seems to end! :(


lrhall41

Submitted by alias1958 on Sat, 07/12/2008 - 09:02

( Posts: 1230 | Credits: )


Not too many people actually want to file bankruptcy, but sometimes that is their only option. I have had to do it twice, once after my separation from my ex husband and then after our move here to NC. It isn't a good feeling, but once everything is said and done, you will feel better. Hang in there!!!


lrhall41

Submitted by 2nband on Sun, 07/13/2008 - 19:37

( Posts: 2277 | Credits: )


You are welcome....I will be honest though, it will be tough for a while getting credit, but in one way that can be a blessing. Once all is said and done, just keep things current and don't let yourself fall back into what made you have to file in the first place. This will be like getting a clean slate, per say. But keep your chin up....all those people that know what you are doing, you don't know how many of them may have had to do what you are doing or wish they had the guts to go through with filing. People are quick to judge, but don't let it get to you. Just because you are doing this does not make you a bad person or necessarily an irresponsible person. Bad things happen to good people, so if the blab, just ignore them. Easier said than done, I know, but I think you can handle it!!!! Got confidence in ya. :wink:


lrhall41

Submitted by 2nband on Mon, 07/14/2008 - 07:24

( Posts: 2277 | Credits: )


Thanks, Soaplady! That's what I meant, actually. I haven't contacted any creditors. But since the creditors haven't received the paperwork yet, they are still calling me. When they call, I give them our attorney's information. I've now talked to 10 of them, and the remaining 9 are ones that don't call very often. So they may get the paperwork before their next scheduled call, and I may be done talking to them already! It's been so nice to have the phone not ringing constantly with collection calls the last few days!


lrhall41

Submitted by alias1958 on Tue, 07/15/2008 - 11:54

( Posts: 1230 | Credits: )