Asked 10/14/2009
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Bankruptcy I'm considering filing bankruptcy. My bills consist of student loans, a loan (credit union), a couple of car repos, past due payment for apartment, and other misc. bills. Do you recommend a bankruptcy with these type of bills along with being unemployed, but receiving unemployment of $1400 a month? In addition, paying $500 month rent.
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Answer 1/4 - Submitted 10/14/2009
It would depend on how far in the future you think you can get started again. And it really isn't up to you, your creditors will be the ones to force your hand, because they will start bringing actions against you. In addition your ability to get employment maybe hampered by a negative credit report ( stupid but true) BK is viewed a little differently that aperson they think either
1) is really desperate for money to pay thes ebad loans and might steal , or
2) this guy doesn't pay attention to his debts, he does nothing to fix this
( i disagree but that is how "they" think)
anyway, once everything but the student loan is gone and a BK in 1st; place, they can only speculate on what type of debts you had.
you may never be able to catch up. because of all the invented charges and atty fees and interest the collections agencies charge.
you may not be eligible via the "means test" for a chapter 7, but you could go the wage earner chapter 13, which you pay back a portion to your creditors
for gosh sakes DO NOT let your school loan go into default. that is a nightmare then
Answer 2/4 - Submitted 10/24/2009
1) You will not be able to discarge your student loan if you took it out after the late 1980s in case you thought you could. It is likely you will meet the means test if you want to file bankruptcy and enoughtime has passed to where you can make the test based on your unemployment earnings, however, you are likely judgment proof as it is or closes enough based on your circumstances so there is no real need to file for bankruptcy as long as you can ignore the harrasing calls and threats to sue you. In any case if you choose to file you should wait until you are gainfully employed. Then you should file immediately before you have been collecting income from your new job. If you choose to file I would never suggest filing Chapter 13 and if you can file a Chapter 7. Why? Because 7 wipes out all the eligible debtts virtually immediately and will come off of your credit report faster than a Chapter 13. In general if you are eligible to file 7 you should never file a 13, unless you just wantto pay more money to a lawyer and cost yourself more money over the 5 year time you have to pay of what you can. If you were to try to file 13 right now you would likely be denied because you are not gainfully employed. At this time o would sit tight and file 7 immediately after you get a job if you want to file. It is also possible that the creditors mayforce you into bankruptcy on their own just to clear their books.
Answer 3/4 - Submitted 10/24/2009
You are never able to discharge a schol loans, regardless when it was "taken out".
And Chapter 13 can protect your home; Chapter 7 not necessarily. ad there are 3 year payment plans in Chapter 13
And , depending on his state, those judgments and subsequent garnishments will be waiting , as soon as he gets a job( which I assume he wants)
I have never seen a creditor bring a BK against a wage earner, that is usually family owned DBA's that happens to, but it is possible.
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