Filing Bankruptcy because of FMS/CFS? Please help!

Discussion in 'Fibromyalgia Main Forum' started by Valentina, Jun 14, 2005.

  1. Valentina

    Valentina New Member


    I'm just wondering if any of you have declared bankruptcy due to your inability to pay your debts because of disabling FMS/CFS?

    I am considering doing this, but I'm not sure this is the best option since declaring bankruptcy is such a serious and life-altering step to take.

    Have any of you done this?

    If so, how has it affected your life?

    Do you have any advice for me?

    Thanks in advance,

    [This Message was Edited on 06/14/2005]
  2. smiffy79

    smiffy79 New Member

    hang on,i have just posted to some one else on thsi.
    i will find it for you and tell you where it is.loads of help there
    found on my name and go to my profile and its under rhonda
    good lick smiffy[This Message was Edited on 06/14/2005]
  3. over50

    over50 New Member

    Hi Valentina, I live in Oregon and we have had to file Chapter 13 bankruptcy.There is a ton of info on the net and here about it.Its kind of funny?,we havent signed the papers yet and a car dealer has sent me a flyer that says "even if youre filing bankruptcy,we can sell you a car". We have worked all our lives and always paid our bills and tried to do whast right,but,losing my job and the medical bills have caused us to file.The laws have changed and they will go into effect in Oct.
    My attorney said it will be harder then to file.
    I wish you the best of luck.
    update:pray about it,talk with your husband.And if you decide,hurry up.The laws change in Oct,and it will be harder.You can call an attorney,he will give you free advice.We had to pay $,then the rest of his fee will be taken out during the next 3 yrs.We still make a house payment,and a payment every month to the trustee.At the end of 3yrs,it will be over.I have always been afraid to do things and let them go.But,I am so thankful this time,that we DID it.
    There is a ton of info on the net. I am so sorry you are at this point.May God bless and guide you.
    Love,Linda[This Message was Edited on 09/02/2005]
  4. TXFMmom

    TXFMmom New Member

    If you need to do it, you Must do it before the new regulations, thanks to Bush, go into effect.

    It makes it difficult for people who have had problems due to health or medical expenses to discharge all debts.

  5. Valentina

    Valentina New Member

    I'm from California, but I live in Sweden with my Swedish SO. I know the laws are changing in October and that is why I need info ASAP. I may have to go back to CA just to deal with this. I've done research on the web and I've read the Nolo Press book on Bankruptcy, but I'm still not sure what I should do.

    Do any of you recommend contacting Consumer Credit Counseling?

    I have credit card debt, medical bills, and student loans. I know it is very difficult to discharge student loans (if not impossible) - have any of you been able to do it?

    The main reason I want to get my finances straightened out is that my Swedish SO and I want to get married and I don't want my financial fiasco (which took place when I got sick) to affect him if we get married. I don't want him to be in any way responsible for my debts. He met me after I got sick and he has nothing to do with my debts. I would be filing alone.

    I only get a small amount of money every month from Social Security (for being disabled due to FMS), I have no property, no car - I have NOTHING of any value. I was paying my bills until I got sick and then everything fell apart. I haven't worked in nearly 5 years.

    I'm afraid I'll never be able to get credit, a job, or rent a place to live again if I declare Bankruptcy.

    Another option is to do nothing. As far as I can tell, the creditors will eventually discharge your debt when they realize they will never see a penny of the money you owe them. However, I'm not sure what the statute of limitations is in terms of them collecting on the debts. I don't want to live a life filled with worry about these debts, yet I also don't want to do something like declare bankruptcy and have my future ruined.

    I definitely need to contact a good Bankruptcy lawyer.

    Does anyone know one in the Bay Area?



  6. Leenerbups

    Leenerbups New Member


    I had to do this. I had A+ credit rating for years until I was hit with FMS and CFS. Because I could'nt work, I could not pay my credit cards. Food and shelter had to come first.

    All my credit card companies worked out something with me except for Capital One. I wrote them all about my situation and all of them agreed to work out a plan and waved a HUGE amount of my debt except for Capital One.

    They actually called and threatned me with jail time!!

    So I had to file for bankruptsy. My credit is shot. You'd be amazed at what you can't get without proper credit. Apartment rentals, etc etc.

    Good luck to you.
  7. redsox10

    redsox10 New Member

    Put "the bankruptcy forum" in a search and go to the site that has chat-cards in it. A wealth of info. It is a forum. Many knowledgable people.

    The law is to help you must you must file before Oct. The laws are changing and it will be tough after that.

    I have heard nothing but bad things about consumer agencies.
  8. TXFMmom

    TXFMmom New Member

    I am not certain, but I think under the old law, not even student loans can take disability income, unless it is very high. If you just get SS, I don't think they can take it.

    I am, however, not an expert.

    Please look it up on some of the web sites and contact a lawyer.
  9. dreamharp

    dreamharp New Member

    I know at one time in the state of California one could
    file bankruptcy every 6 years. Anyone know if the law has
    changed on that? It is hard to be sick and make any income
    to live on. I am very scared for the future. The cost
    of living in California is very high.

    I plan to relocate to another state. My apartment, that is
    old and dumpy is $1,200 a month! I am on section 8 which is
    a lifesaver but I understand the laws will be changing
    regarding section 8. I am afraid there will be more people
    living on the street homeless.
  10. lovethesun

    lovethesun New Member

    We lost our van because we weren't able to make payments and now are hoping to get enough money together to file for bankruptcy!
  11. dreamharp

    dreamharp New Member

    Checking to see if anyone else has something to share.
  12. Jen102

    Jen102 New Member

    a bankrupty attorney should be able to have a brief, free, interview with you and be able to tell you if you can keep your property, reaffirm some debts (like car or house loans) so you can continue to have the items and pay for them over time, keep certain other personal property like household goods, clothing, etc., (each state and the federal statute has its own list of exempt items and dollar limitations) and should be able to explain what debt will be discharged in the proceeding. Many attorneys, even in chapter 7 (where you don't make payments to the court or trustee over time) will accept attorney fees over time as long as you can come up with the filing fee--maybe under $200. Be honest about what you have and owe--don't leave out any information and you will know in advance how it cana be treated. Things will become more difficult under the reformed law. good luck. this is a hard thing to do, but is there for the honest debtor to find relief and be able to have a "fresh start". Think of your family's needs and how you can best meet them. This may be another way to provide for their needs. Jen102
  13. Rose_Red

    Rose_Red New Member

    If you're poor enough to live on Social Security then you're poor enough to claim bankruptcy.

    I had to after I divorced my husband. He went through $32,000 in 6 months. The last month before I filed for divorce, he took all my credit cards to the ATM every night until they were maxed out. That was a surprise when I went grocery shopping.

    Anyway - abnkruptcy is a really big deal until you actually do it. Your debt goes away, the bill collectors go away and your credit is screwed for a few years. The bankruptcy will be on your credit report for 10 years but after 2 or 3 you can pretty much go back to life as it was.

    i claimed bankruptcy because I refuse to give up hope that someday I might get better and I'l be damned if i'm going to have to pay for my ex's drug habit years after I left him!

  14. cats3

    cats3 New Member

    I filed bankruptcy (chapter 7) & my court date is Sept.14.

    I have FMS/CFS and cervical degenerative disc disease.

    The phone has stopped ringing off the wall since the creditors cannot call me now which is nice.

    I have received 4 offers to buy a new/used car or refinance my car payments. My car is paid off & the value of the car is under the allowed exemption for my state so I will not be loosing the car.

    My lawyer doesn't think I will loose the house but you never know -- will find out Sept 14.

  15. cats3

    cats3 New Member


    There is a good web site called total bankruptcy that explains chapter 7 & 13 bankruptcy. You can also check out your state bankruptcy exemptions on this site.

    As for your personal items you will figure the garage sell value of them. As long as the total value is below your state exemption you will not have to sell them.

    Some of the heirloom stuff I have I sent to relatives to hang onto until my bankruptcy is over. I did not include these in the bankruptcy questionnaire that I give my lawyer.


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