Okay we lost a home due to foreclosure and have been informed to file bankruptcy on this debt before they try to take wages. Exactly what happens when you do this? Someone told me they will auction off your furniture kids toys anything you have pretty much. Including you won’t get tax returns for the next 3 years, it will all go to creditor. Is this correct? Any advice or anything else valuable to know? Thank-You so much in advance.
Well, me and my fiance have been living in our first home (a double wide trailer) for 3 years. We have kept up with the payments just fine until we had to get this last loan out to cover the air conditioning (last summer). My fiance brings home about 5-7 hundred dollars a week depending on the hours he gets in. We even worked a paper route for about 6 months to get caught up with everything and it seems impossible. We dug ourselves into a deeper hole than we were in before and now it is reallly impossible to get out of. We have tried EVERYTHING to get back on track. My fiance just heard this morning after having a friend cosign for a personal loan, that we were denied and the cosigner had PERFECT credit. My fiances credit has gotten terrible since we bought this house and he is so overwhelmed with bills and working 12 hours 5 days a week that it is driving him crazy. He tried many times to get a personal loan/home equity loan and everything before he had tried to get the cosigner and those times obviously he was turned down as well because of bad credit. I don’t like hearing DENIED once or twice a week and seeing my fiance get disappointed. The loan he is applying for would be used to pay off all of the bills we are currently making monthly payments on and knocking the monthly bills from almost 500$ to just over 150$. Paying that one loan payment will make things easier for now and he can pay that off as much as he can, but the minimum would be a lot easier to keep up with. He is saying that if he can not find a way to keep up with things better, we are going to lose the house. I am unsure of what we could do and i wanted to ask all of you if you have ever been in a similar situation and if so, what did you do to get out of it when everything seemed impossible. We were thinking bankruptcy, but we don’t know how it works. I am hearing that you still have to make payments on your bills unless it adds up to a certain amount. If the current credit accounts do not add up to be enough, would foreclosing our house and filing that on our bankruptcy help since it would be a higher total of debt? I don’t know how this works and he can’t just STOP paying people because i know they will all take him to court and garnish his paycheck. Please give me some advice. Thanks 
Our (chapter 13 bankruptcy) attorney failed to subimit documents to the court. He directly lied to us and told us that he did. We’re in the last year of bankruptcy and in need of purchasing a car. He told us almost 3 weeks ago that he submitted the papers to the court and then admitted to my husband today that he didn’t. What recourse do we have? Thanks in advance…
Our (chapter 13 bankruptcy) attorney failed to subimit documents to the court. He directly lied to us and told us that he did. We’re in the last year of bankruptcy and in need of purchasing a car. He told us almost 3 weeks ago that he submitted the papers to the court and then admitted to my husband today that he didn’t. What recourse do we have?
And just for everyone’s edification… it was not because we had out of control debt. It was because we had a child that was born with extensive medical needs far and beyond our insurance and the fact that I needed to stop working for 3 years. It was all medical debt.
Thanks in advance…
Last year my husband and I lost a home we purchased about 3 years ago. This house was to be an investment. We remodled the entire house and completed just as the market crashed. This past March the house was foreclosed on after being on the market as as short sale for 2 years. We want to file bankruptcy because this ruined our finances. We still have our home we live in but we now have 2 creditors suing us. How do we file for bankruptcy and include the taxes we will probably be charged for the house we lost in March 2010?
Okay so i was really bored online and googled my last name and address for fun. Only to find my address and parents names and that they had filed for bankruptcy in July. I had no idea. I just got a ton of christmas presents and I go to a private school. I knew it wasn’t the best of times but I had no idea that things were bad enough for us to file bankruptcy, what exactly is bankruptcy and is there anything I can do to help my family?
it’s chapter 7, i dont know what that means thanks so much
I know that they paid for my presents in cash, not credit. idk if it makes a difference. They haven’t used credit cards in like 3 years but know that I think about it we always used to use them.
THE TAX DEBT MUST BE AT LEAST 3 YEARS OLD. DOES ANYONE HAVE AN EXPERIENCE WITH THE IRS AND BANKRUPTCY?? IRS TAX DEBT AND STUDENT LOANS ARE NOT THE SAME CASE BY IRS STANDARDS……(see previous answer to similar question 2 years ago.)
We live in Washington. We own a home that has 95K in equity – but we owe the IRS about 85K. We have gone through the pre bankruptcy counseling and they say we HAVE to file – because we are in the hole 6K per month (long story – I owned a business and got very ill). My income is commission only – and I don’t have commissions coming in which is why I need to file Pro Se’. Basically – do I let the trustee sell my house? Do I need an attorney to make sure the taxes are discharged (they have been owing for over 3 years and over 2 years since I’ve filed – and also the 3rd rule I’ve passed too) because that would be horrible to walk away without them discharged. I have 2 cars I want to give back. If I file now – how long can i live in the home and when do I need to surrender the cars ? I don’t want to milk the system – I just want to find a place to live and have enough time to earn a commission (should be 30 days away)
They may have changed the rules – but I know you can do it pro se. The reason I would even try is I used to be a creditor rep that goes to court and I reviewed every petition to find fraud. I know most things – it’s just the tax lien stuff and the sale of the home I don’t. My attorney wants 00 up front. It is so embarrassing – I used to make K per week – and now I’m reduced to not being able to pay an attorney. Life goes on.
With subprimes coming to an end (about time), Now it’s time for the Option-arms and Alternative A-papers, which will tack on another trillion or so in write offs for companies which are already tinkering on bankruptcy (even with the bailout)
then in about 2-3 years, we’re going to see the credit crash as those millions of americans who have tens of thousands in credit card debt and other non-mortage loans default, especially if they start to lose jobs / give up as buying power decreases.
Heck, In my ranked MBA program, a vast majority of my fellow students have 10-25k in credit card debts which they just plan on paying off with their "high paying" MBA jobs- which they aren’t getting because everyone has hiring freezes. If these are supposed to be some of the "smart ones" among us, what do you make of the rest?
Although in the financial discussions, there seems to be backlash against the media for saying that the "majority of americans" are in MAJOR debt, as in fact it’s only a "very small percentage" (44%). Now, these articles are literally stating 44% is a small percentage- and that 55% are being very good trying to pay their bills off in time. However, I also read that the majority of bankruptcy’s are people who "do not spend wildly, but are in debt to to other reasons such as loss of jobs or health problems". If the job market turns downwards, buying power decreases, and salaries don’t keep up with inflation would that not suggest that even those who "try" are likely to rack up more debt? and isn’t it likely that this 44% is likely to increase to 50, 55%? In this case we are saying atleast almost 50%, and potentially more than 50% are likely to run into major credit and debt issues?
Then with credit card companies such as American Express already tinkering on bankruptcy, a CC card company going under would only add to the fun.
That in itself could be the next great depression. What do you think?
Now I could be taking this a little far, and I don’t expect anyone to agree with me beyond this, however, I raise yet another question- If over 1/2 of america loses their buying power and credit-worthyness all together, based on what I see in the Government now, I would presume that they would feel the need to step into action, and bailout the individuals- and in this situation, it seems like the only action which they could do is to take control over many aspects of the country, essentially creating an extreme socialist culture overnight.
Although I have my savings spread in Euros, Rupees, and Dollars, the intense globalization occurring as of the last 10 years means that money isn’t safe anywhere. So now I’m thinking maybe I should just rack up 30k in debt since I’ll be in the doghouse with everyone else anyway, and 5-10 years from now we’re all going to be in the same position whether we have 000 in the bank, or -000 in our credit history.
I’m in a divorce that now hit the 4 thousand dollar mark with no end in site. When my husband walked out on us he left me in a big mess. I was a stay at home mom and I hadn’t worked in almost 3 years. He left us with no money or anything. He gets to go live with his rich family who are paying for EVERYTHING and he already told me he has the resources to drag this out till he crushes me financially. Honestly he’s doing a good job.
I’m getting help from the government but it’s not enough to take care of me and two kids. I’m several thousand dollars in debt now and that’s only going to get worse. Should I let my attorney bills pile up and keep adding to my credit card debt and file bankruptcy or should I try to dig out?
What would you do? I feel so lost right now.
My husband won’t agree on ANYTHING. I can’t tell him anything without it costing several hundred dollars to have the attorneys talk for us.
He doesn’t have to pay child support because he doens’t have a job .We live 5 states away and he wants the kids every other month! My babies are 5 months old and 23 months old and he told me before he left he could care less if they live or die. He’s only using them to hurt me.
Well, it is ashamed to ask this question but it is true that I’ve been living in this condition for couple years now and it made me so depress because of my personal financial problem. But I am still hoping and trying to find everything I could to recover my credit. I hope I will get some advise from you guys out there to help me start rebuild my financial life again.
Since last 5 years ago the first time I moved to this country I started apply my first credit card with US Bank, I’ve been living so happy with it, I thought it was cool when using credit card, I spent money like a rich kid, and I got a really good credit, then I applied for any other cards from one bank to other banks till I ended up with 5 different credit cards. Then 3 years gone by I couldn’t handle these credit cards, I ran out of control and ended up with a balance of 22K at the age 27 years old now, so still there is a long way to go, if I am keep paying the minimum payment like this I will end up paying those creditors for my whole life. I did try credit card consolidation but it just reduced my interest rate Now at this time I decided to go with debt settlement company in order to get rip of this debt and start a new life, but of cause it gonna take me couple years to settle this 22K debt. Now I m paying the settlement company 0/month for 28 months to settle my debt.
So first of all please ignore my grammars I know you understand what I am talking about, but I am seeking for advise from you guys out there:
1. I can possibly maintain my monthly payment of 0 to 0 toward my debt, so is there any alternative way beside debt settlement and bankruptcy to get rip of this debt? now my credit score gone so bad and there is one collection on my credit already, and soon there will be more as I am enrolling in this debt settlement.
2. I start looking at peer to peer loan and sound like an other option for me as long as I have a co-borrow with a good credit, but I am kind of hesitated and not sure how legitimated it is. Can anyone advise me if I should go with it?
I am making 90K from my job but I am still living in this horrible life because of my debt. This is a really bad experience that I am currently having in my life and I hope everyone who read this post will learn from what my mistake was, and won’t go on the same path as me.
Yes I will looking into my daily living expense and hope I will cut some of them. Originally, it was 35K on my balance but then I tried to sell most of my asset (Stock, I don’t have a house) and brought it down to 22K. So at this moment of 22K debt I have nothing beside my monthly salary. I am so upset when I see most of my friends now they bought houses even they make less money than me, I was really poor in my money management.
If I have a judgment against me that i just found out about can I file bankruptcy ? My friend was served and appeared for her court case but the credit card company asked for a continuance and never said when the next court date was. When she called up with the court she was told that she would receive something from the court (or credit card company) when the next date will be. The next thing she knows she has a default judgment against her and the company is threading to garnish her wages?
Can she have the judgment Vacated after more than 3 years? Should she just set up a payment plan with the court and not the creditor? Should she file bankruptcy?
The credit card company wants the entire amount of 8500 and will not let her make payments without putting half down.
What should she do.
I’m in a divorce that now hit the 4 thousand dollar mark with no end in site. When my husband walked out on us he left me in a big mess. I was a stay at home mom and I hadn’t worked in almost 3 years. He left us with no money or anything. He gets to go live with his rich family who are paying for EVERYTHING and he already told me he has the resources to drag this out till he crushes me financially. Honestly he’s doing a good job.
I’m getting help from the government but it’s not enough to take care of me and two kids. I’m several thousand dollars in debt now and that’s only going to get worse. Should I let my attorney bills pile up and keep adding to my credit card debt and file bankruptcy or should I try to dig out?
What would you do? I feel so lost right now.
Got laid off and cannot afford to pay mortgages. I have 1st home refinanced and cashed out ,000 3 years ago when all was still good. Total balance left is ,000 First home is only under my name which was rented out.
Then we bought a bigger house 2 yrs ago at the peak of housing and Our 2nd home was under my name and my wife this time which became our primary residence which was also foreclosed recently. Balance owed on 2nd mortgage is ,000 was not paid during the auction (purchase loan not refinanced). Both 2nd mortage lenders are now asking for payment on the deficit. I have around ,000 credit card debt also. My questions are;
1) Will any of the 2 2nd mortgage lender be able file judgement against me here in California for garnishment?
2) Considering the concerns above, would it be better to file for bankruptcy? We do not have any car loans as 2 cars is fully paid.
3) If bankruptcy is an option, should I file on my own only considering it is only I who’s on the 1st home 2nd loan which was refinanced and only I who is owing all the ,000 credit card debt? Or is it better for us to BOTH file?
4) Will we be issud a 1099 for tax on those deficit? Are those not going to be forgiven?
5) If we don’t file for bankruptcy what is the advantage considering we have forclosed homes on our record? I noticed all our credit card limit are getting lower and lower every month bec. of the foreclosure.
I appreciate all the help I need in this difficult times. thank you!!
After trying to find ways to be able to take care of our responsibilities we have come to the last resort and that is to file bankruptcy. We don’t own any homes or any real property. what I am curious about is which is better chapter 7 or chapter 13. We want to be able to start saving a soon as it done and when feesible start rebuilding credit. Our credit card debt is only 00 which is a lot, but it could be worse. We just had two bad years with this one being the worse. I am looking for advice on the best way to go between the two. Chapter 7 or Chapter 13 and why.
We are not happy about doing this as we have tried everything. We don’t have anything of value and we have tried to pawn stuff but couldn’t get .00 for most. We live very modestly. So please do not answer this question if you are going to be negative.
Thank you so much. We want to do the right thing so we can start over and never have to do this again.
Thank you so much for all that has given advice so far. I guess I need to add just a few details to make the situation clearer.
As I stated it has been a bad 2 years, actually almost 3 years. I got real sick and had to leave my job and am now on disability. My husband took on a second job a year ago. He pays child support. Between the two of us we have 5 kids between the ages of 9-16. We have two vehicles, which one is in the shop. We also are surrendering this vehicle.
We have an attorney and he is recommending chapter 13. I (we) have a lot of medical bills. After I had to leave my job I couldn’t afford the cobra payments for continued health insurance. To maintain health insurance with my husbands employment (state worker) would have cost more than the cobra payments.
My ex- husband filed bankruptcy and I did not know that anything he had when we were together, came back to me.
I never thought I would get sick and have to quit work. I was not prepared.
I have completed all my back tax returns but have not yet filed them (2005-2008) and have come up with a tax owed of around ,000 which will surely be at least -,000 by the time penalty and interest are added in. My 2004 returns shows me owing ,000 and the IRS has already started the levy process against my personal income last week but made an error on the form so I have dodged a bullet until they get it corrected.
I spoke with the IRS this morning and told them how much my gross and taxes were for the 4 years I haven’t filed and they have asked me to fill out a collection information statement form 433F and have given me until Monday to call them back and give them the info on the phone.
Due to some huge unpaid medical bills, my debts outweigh my assets by at least 3 to 1 (assets ,000, debts including ,000 tax are around 0,000).
I have around ,000 cash saved, and ,000 equity in my house but cant find a lender because my credit is terrible.
Any suggestions? Will the IRS be able to give me an installment plan or could I opt for an offer in compromise? Or is bankruptcy an alternative?
I have never been in such a poor financial condition in my life.
Thanks.
Can I possibly do and offer in compromise? I realize now that federal taxes can not be discharged in a bankruptcy. Can the IRS do an installment agreement for ,000 or is the maximum ,000?
Thanks for all the advice but please get off your pulpits. Facts only please, no criticism. I know the situation I am in and how i got here. You dont need to remind me and/or accuse me. I just came here for answers. So lets stick to the answers people.
Any answers about the possibility of Offer In Compromise?
Can I do an installment contract for ,000 if I can pay it within 3 years?
AFTER I FILE ALL RETURNS DUE AND OWE ,000, CAN I GET AN INSTALLMENT AGREEMENT? IS IT POSSIBLE?
About 3 years ago my life turned upside down, I had clinical depresion, lost my job and quit school. I did not care about the world, about six months ago I had major surgery and now I owe about ,000 in medical bills, I have a ,000 credit card judgment on my credit. I need a fresh start. How do I file bankruptcy? I don’t own anything, not home or car. What can I do? Please help me.
H.R. 1106 has a clause allowing one to put their primary residence into a bankruptcy, therefore lowering the monthly payment to an affordable one. At this time the wealthy can put a vacation home, boat and airplane into a bankruptcy.
I am 71 years old diabetic with congestive heart failure. I have lived in my home for 36 years. 10 years ago I went to my bank asking for a business loan. The banker suggested I take the equity out of my home and and change my loan to an adjustable loan. For the first 3 years it was fine. However my business failed and I’m on social insecurity. I have emptied my savings, sold my furniture and jewelry to pay the ever increasing mortgage. My monthly income is 3.00 a month and my mortgage now is 23.00 per month. If I cannot get help from the courts, my only other alternative is suicide.
To the best of my knowledge H.R. 1106 was passed by the senate and sent to the congress last week and is stil sitting there.
Is it possible to file for bankruptcy with out using a lawyer? I am so broke! I already try 3 years ago consolidating my debts but aftre about 9 months stop paying my monthly payment. I dont have a job! Any out there has field for B.K with out paying for an attorney?
If i have a credit account that is only 2 or 3 months old, can I file bankruptcy on it? Is their a time line for accounts? My other credit accounts are 1-3 years old. This specific one is fairly new.
Anyone know?
also if im going to file bankruptcy within the next two months am I still allowed to use any of the credit
About 3 years ago my life turned upside down, I had clinical depresion, lost my job and quit school. I did not care about the world, about six months ago I had major surgery and now I owe about ,000 in medical bills, I have a ,000 credit card judgment on my credit. I need a fresh start. How do I file bankruptcy? I don’t own anything, not home or car. What can I do? Please help me.