Has anyone out there decleared bankruprcy? Im thinking about it but Im afraid How does it affect it and how long before you get credit back (as If I ever want to use credit again!)Most of my debt is unsecured credit.How do the procedings work. Im in Michigan.
 
I would speak with an attorney and or a financial advisor immediately in regards to a matter like this. I would also make an attempt to look up and become familiar with the civil law pertaining to bankruptcy in your state.

Whatever you do, try to avoid letting any unpaid or unpayable debt go to a collection agency, or beyond, whereas you are summoned to court etc. You are better off dealing with something like this before they end up suing you and subsequently filing a default/money judgement against you. Those proceedings take time, and money to pursue, it all depends on your particular situation and who you are dealing with, it can turn into a mess quickly, they'll go after your wages and or bank account, and possibly your assets. They might be able to place a lien on your home or any real estate assets as well.

I believe a bankruptcy stays on your record for about 10 years in NY, not completely sure about NY, and have no idea in your state.

Don't make any rash or hasty decisions you are not prepared to live with for a several years, maybe you can consolidate and or settle out, you should consult with a professional on this, Atty. or fincancial advisor or both. Managing ones finances, debt to income ration is extrememly important in life, you need to have and maintain a good credit rating, as well as knowing where to draw the line when spending, it's that simple, without your credit, (credit cards are just a part of it) a lot of doors start to close quickly.

If you get into money judgements and other legal processes, you had best understand the laws, debt collectors will lie cheat and practically steal to get at you, the things they do can put you in a precarious situation, and if you don't know how to play the game, you'll have to disconnect yourself from a lot things like a bank account etc., which can make things very inconvienent.

Take a hard look at your situation and see what you can do to recover from it, may not be easy, but nothing worth doing ever is.
 
A know a little about a lot of different stuff but I seriously consider you check with professionals on this, Tractor board could confuse your state of affairs. my .02
 
Hi, yes I had to about 3 yrs ago & its no fun . Through an ugly & expensive divorce I had to go to charge cards for quick cash & that was a regretful move . But a guy has to do what he has to do . I was told it hangs on you for 7 yrs . By then I'll be in my 70s so why will I need credit then . The laws have changed since I did mine but my advice would be to consult a lawyer for advice . Or as in my case at the time I went through legal services due to being disabled & very little income . There was a guy there who helped me do it at not cost to me . But its alot of paper work & several trips to the Federal courthouse . I guess if you have a good paying job , the proces can be expensive . I wish you the best & don't do like I did ; I did hang onto 1 card for emergencies only . I should've just had that one cloed off also .There seemed like too many emergencies arose . HTH ! God bless, Ken
 
varies from state tostate sugest you check with local bar assn and they can give you guidelines or steer you to att who specialisesin bankruptsy. Some of the new laws protect creditcard companys. In Ia it is 7 years before you can file again but sad part is credit is restored day after your claim is done. also there is many different chapthers you can claim in some will give you chance to pay debts some will bargin with your debtors to a plan that you can repay etc. I am not a lawyer but have had knowledge when BIL had to file due to medical. good luck and remember facts will guide you bob
 
No, it's just called paying your bills. You charged the items and enjoyed using them. Why do you want the rest of society to pay for your foolishness. It's also a pride thing. You DONT want to do it. If you want the rest of your friends and peers to respect you the rest of your life I wouldn't do it. Like having a big cloud hanging over your head that says, "hey everybody, look at me. I don't pay my bills!"
 
Hi mark,

If your libilitys exceed your assets, then your in what's called involentary bankruptcy(BK), too which 90% of the population is right there with you.

Only if you have more cash assets than libiltiys are you not in some sort of BK.

If you owe debts OTHER than too taxing authorities OR student loans, then your on easy street. Taxes and student loans can be a huge headache to deal with as both can not be discharged in BK. The IRS is now easier to deal with on back taxes. Check out IRS "offer in compermise".

BK stays on your credit reports for 10yrs.

The Fed BK law tells you what you can retain in BK. There's a list with maximum values that law sets so they won't sell that assest. Remember, you have one list, your wife has another list of values. Cars are the big item here as then you "may" beable to keep two cars if married.

The above is Federal BK laws. Now you have to deal with State BK laws.

"Other debits", then you have check with your state BK laws. Most States have a time limit on collection of non-judgement debts. Example: AZ is 3yrs.

Judgement debts is where a creditor has taken you too court for collection. Some can be dismissed in BK and some can not. Alot of research to find out which can or can not be.

Does your State have a homesteding law? Filing a homested protects your home from being in a forced sale. A forced sale is where your creditors can ask the court to sell your assests to pay your debts.

The homested law is a (state) form you fill out then file it with the county recorder office. That's it, your done with that form. Everyone should homested there home, period, as you never know when you could have extensive medical bills that could force you into BK.

Hiding assets is a very bad idea. If you get caught, and you will, then they have other hidden laws to make your life pure heII.

All the above can be worked out before filing for BK as it takes just as long to recover as filing for BK. One way you have the court deal with your creditors, that's BK, and one way you deal with your creditors. Both ways require intensive involement from you to get resolved.

T_Bone
 
See an attorney!! You can't do it yourself
I did in 1985 while a resident of Colorado. My Ex understood the way to manage finances was to spend 110 per-cent of what I made. It took another ten years to repair that problem!
You cannot obtain relief for real property, it may be retained if you maintain the payments. Automobiles can be retained and so declared in the filing but the payments must be made and on time. Weapons must be reported and either sold for use of relief or re-purchased. I ran into that one on my .22, a boyhood gift. The Bankrupcy will stay on your credit report seven years.
I was well employed but could not stop the deficent spending and saw I was never going to catch up so I/we were granted relief of about twenty thousand dollars of a total debt of $100K.
A point your lawyer should make is DO NOT attempt to pay any part of the relieved debt unless you're prepared to pay all in full. The creditors started contacting me in about three years.
Your conditions may vary but see the lawyer!
 
I have a nephew that appears in court tomorrow, I'll post the results if he tells me. He's been living high on the hog for a few years, using credit cards like they are cash, and now it's caught up with him, bigtime. Lost the house already and is going to stiff his landlord for a few months. At first he was keeping his big diesel F350, but now he says it's in need of tie rods, so it can go to. Such an easy lifestyle, buy a bunch of stuff and then bail when payments are due. My guess is that only his lawyer is going to be smiling.
 
I would if I could. I became disabled last spring and the Disability insurance does not pay the bills. As so far I have used up my 401K's to continue to keep good credit but they are running thin.I have tried to do good on my debts. This could happen to anyone
 
My apologies if you are disabled. Going to be a long road. Many people I know are healthy are using it as a free ride. Good luck.
 
That is for sure, becoming disabled is a difficult thing to deal with.

The girl who is the key person at our horse farm has a thyroid cancer issue and a deteriorating back, from an injury, or associated with it and the prognosis does not appear to be good right now. Absolute top notch person, highly responsible and dedicated, as well as having good experience and qualifications, this is not easy to face at 25 years old, add some debt to that and this becomes a very difficult situation. I'm hoping we can help her get through this and be as supportive as possible regardless of what happens, although this has a career ending potential, just hard to even think like that, have to keep your chin up at all times even if a friend has to prop it up with a stick ! A lot of people think they have problems, but being disabled and confronted with things like this, you ain't got no troubles at all when you look someone in a situation like this. Best wishes to you on getting through this somehow.
 
NO --- your Dead Wrong --- this Don't happen to anyone --- it just happens to them that live beyond their means ---
what you do when you don't have the money to pay your bills is to reduce your life style to the money you have -- and if that means eating potatoes and drinking water for a long time -- then that's what you do ---
You could probably stand to lose the weight anyway ---
Food stamps are still around -- and SSI is still around --- so use what you is available and don't cry like a F**l on wheels ....
 
Well I know what you are talking about.I got sick and am in about the same shape except I didnt have a lot of credit cards or owe lots of money and its still hard to get by.You need to talk to a couple of lawyers.If you owe lots of taxes the IRS is gonna get theirs if they can.Actually you need an attorney to deal with the IRS as well as another attorney for bankruptcy.All I can tell you about bankruptcy is what a lawyer told me,in my case I could keep 1 car and my house in this state.No more than $2000.00 in the bank.I dont remember now since its been about 3 years ago,but there was an amount of tools I could keep,maybe,and it was ones I used in my business,that was about it.It didnt sound like something you would want to do to me.It stays on your record,but I think its 10 years before you can get credit again.Also you can loose your house if you arent careful,I just dont remember what the lawyer said well enough now to be very much help to you.This is going to be overly simplistic,but not too far wrong when I say that a judge is going to decide what you will own,and how much you can have in your name for the next 10 years,and its not very much.Sort of like what you can scrape together if you are lucky and have a job that pays you about 10 dollars an hour,if that.I think they review it after a period of time as well,maybe every 6 months,or a year.My 2 cents worth is dont do it if you can keep from it.Tax lawyers for the back taxes may be able to tell you better than me,the best is not to just talk to one lawyer,get a few views on it.Back in the 1980s I had a few credit cards that I got behind on.I went to a lawyer to take bankruptcy and he talked me out of it.It took about 3 years but I paid all the cards off.You can make a deal with a credit card company like this,save up a couple hundred,call one that you owe 400 with their fees and say look,I will pay you 200 today only,will you wipe that debt off since its mostly fees anyway?Guess what,sometimes they will,especially if you tell them your next call is probably to a bankruptcy attorney,whether you actually were going to call one or not,but it doesnt hurt to let them think you might take bankruptcy since they will probably not get any fees and only a percentage of the principal if you did.The only way I use a credit card now is to buy something then pay it off in the next month.What you need to do is set yourself up a budget,and in your budget you pay some of the cards at least something if its only 5 dollars.It can get hard to get by,but thats a lot better than taking bankruptcy if you can work it out.You also need to save a few bucks every month.After you just send minimum payments you hit one with a good bit of money to knock down the principal,maybe with a deal like I described before.Another thing is to get them to fax you something in writing if you make a deal with them,or no deal.After the credit card companies saw that I would pay them back they worked with me.You are lots better off if they will work with you,I even refused to pay collection agencys.I sent the money to the company I owed.Now the laws are a little different.I think collection agencys buy your debt,then they can claim you owe them and make it hard on you.I only owed about 5000.00 dollars and it took me 3 years to pay it off.I owed the IRS 90 dollars and I ended up paying them 600.00 dollars with their fines or they were going to sieze my pay back in the 80s.The IRS can definitely make it hard on you.You may not realize it but that is far worse than owing credit cards,the IRS can sieze your disability if you get any.A tax attorney may be able to get it resolved for pennies on the dollar or nothing at all maybe.Another thing is that you can work if you can get a job doing something.You may need to get 2 jobs if you can.Im sure there are lots of different disabilities,but if you can do something at least try.The last thing you want to do is just sit there if you can keep from it.I couldnt move for a couple of months without about having a stroke or something because my blood pressure was so high,I couldnt even lay down,they would just throw a blanket over me at night in my recliner about 1/2 reclined.I was so messed up I didnt know what was going to happen next,and too stubborn to go to the doctor.When I finally did,he put me right in the hospital and partially got me fixed with a couple of stents.Thats how I still am with a bottle of nitro pills,high blood pressure,5 bypasses,5 stents,and now diabetes,but Im not dead.Also I dont sit in a chair all day since that deal a couple of years ago that I couldnt get out of the chair.I drive trucks from the field to the elevator in harvest season.It beats setting in a chair.This year I even helped work on the trucks and combines some.I doubt I ever go over the road again,but maybe I can do something as long as I can.Being sick sucks,especially when it takes a long time to get better,if you even do.
 
They say brevity is the soul of wit. It would be easier to read and comprehend the entire bankruptcy statutes than 1 of T-40's diatribes!
 
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