Filing for Bankruptcy and Scared

Discussion in 'Fibromyalgia Main Forum' started by TeaBisqit, Dec 6, 2006.

  1. TeaBisqit

    TeaBisqit Member

    I am in real dire straights with my finances now. The past four years, I was very, very sick and my mother and stepfather took my credit cards and charged the hell out of them. They kept saying they would pay them, and for awhile they gave only half payments, I had to come up with the rest. Then, my stepfather died, and no one could help me pay them. So I am toasted. I have no way of paying these debts. And I am so poor that I have had to apply for foodstamps. I literally cannot afford to buy food if I pay even one card.

    Has anyone filed under the new laws yet? That's what has me so scared. I'm just panicing. I am below poverty level and only on Social Security. I own nothing, not even a car. I'm hoping that means I don't have to pay anything back, even under the new laws. The whole thing is very scary to me. And I even have to pay out seeing a lawyer, which I cannot afford, but will do. I haven't seen a lawyer yet, I'll be going in January. How bad are these new laws?
  2. PVLady

    PVLady New Member

    Don't be afraid. Once you see a attorney you will feel alot better. You are so young, you will be hugely relieved and eventually this will go off your record.

    What a lesson to never let anyone use your credit cards again, no matter what. They sure took advantage of you....I feel so sorry for you. You trusted them.

    I don't know the new laws but it sounds like you won't have a complicated case. Its people who own homes and still work that have problems.
  3. natrlvr2

    natrlvr2 New Member

    I am so poor I cannot even afford to file.I did see an attorney and he said my only option was to just quit paying the credit cards and deal with the bill collectors. They cannot take me to court and garnish my wages since I only get SSI and child support.I hate livign this way. Good thign I have caller ID because I am so sick of the bill collectors.They start calling at 8AM and end at 8:45.
  4. ABLUV

    ABLUV New Member

    Is debt consolidation an option?

    Or perhaps you can explain your situation to the card companies and they can give you a lower minimum payment and waive your interest?
  5. TeaBisqit

    TeaBisqit Member

    Debt consolidation is not an option for me. I can't even afford to go to the doctor because of the Medicare deductible and copays. I can't afford anything.

    If they harass me with phone calls, I'll have to change my number. I've been giving them my cell phone number, since I never use the cell phone. I just keep it for emergencies if I'm out somewhere. I keep it turned off, they'll just get a voice mail that I never check anyway. I think it should be illegal for them to call anyone like that. Obviously, if you had the money, you would be paying. But since you don't, harassing you by phone isn't going to make the money magically appear.
  6. ktpar

    ktpar New Member

    I Am so sorry for what you are going thru. My husband was once paying my credit cards. Then he would get mad and reverse all of the payments. When they call for me I tell them that I am still waiting on SSDI and then I hang up the phone. They ask the same question all the time. I hate to be rude but they are so aggressive. I am in the same situation as you. At least you have SSDI income. If you are able to get around. I would go to the call the local Food Bank. Also if you call the Food stamp or Social security office and tell then your situation they will give you emergency food bank numbers. I had to go there on Thanksgiving. Don't be affraid to ask for help. Hope this is helpful. Just pray over the situation, May God Bless You.
  7. Chris3251

    Chris3251 New Member

    The new laws were put into place to stop people from filing frivolously. People were charging up credit cards, had their nice homes and cars and just abusing the system. They were able to file, exhonerate their debt but still keeping their homes and cars. And even though it takes a hard ding on your credit it wasn't a big deal because there are still so many credit card companies out there willing to extend credit to people who filed bankruptcy as long as they made a decent salary. Basically what the new laws are saying is you're not going to get these debts wiped out if you have the income and assets to repay them. You might want to do a google search for new bankruptcy laws.

    They look at your debt to income ratio as well as what you own. If you're on social security and foodstamps and you have no assets (like a home or car) I seriously doubt they would deny your case. And depending on what state you live in you may actually be able to represent yourself without a lawyer which is what I did. You will need to find out where your states federal bankruptcy office is though to find out their paperwork requirements and search the internet for bankruptcy kits. It does require alot of research, so depending on your circumstances you may want to consider an atty. When it was all said and done I think I paid $50 for the kit and the $150 court filing fee which is a whole lot better than $1000 that the attys here want.

    I know you're scared, but try to take a deep breath and see this as an opportunity to have a clean slate. We all know what stress does to us. I had to file BK before I got divorced no thanks to my now ex, and now I'm in dire straits again no thanks to all the debt he dumped in my lap, plus all this time off work to the point of landing in foreclosure.

    {{Take care of you}}
  8. maggiemae55

    maggiemae55 New Member

    I have filed for Chapter 13 so I can keep my house. Single mom, 3 kids. I have cried many, many tears over this. I always paid every bill on time, then I just ran out of money. With a Chapter 13 you repay 100% over 3-5 years, altho he did tell me some of my smaller bills might just be dropped. I went to Catholic Charities to see if they could help, but she could only suggest bankruptcy.

    As soon as they file the papers, you can answer the credit card calls, (I hate them too, becasue each time they call, they remind me of my failure) and give them your case #, and by law they have to stop calling.

    Merry Christmas huh!We will get thru this!We have to be strong even when it feel's like you can't take another step. I work 3 part time jobs too.

    Take good care!!!
    maggie
  9. TeaBisqit

    TeaBisqit Member

    I was like that, too. Always paid on time, sometimes even more than the minimum. But I can't do any of it anymore :( I don't like that feeling of having failed, it really sux.
  10. Chris3251

    Chris3251 New Member

    Awww, you're hardly a failure. You would be a failure if you made a nice income and just failed to pay your bills, thinking that BK would be a nice escape route.

    This is a no choice situation for you. It's a matter of survival, so you have to take the steps necessary in order to keep a roof over your head. When it gets to the point of either having that roof above you or ending up on the streets, I think the answer is very clear. I felt just as bad as you did, but I kept telling myself that very same thing.

    You have to take care of you first. Don't beat yourself up and don't be afraid. I'd be shocked if they turned you down. I really don't see that happening. Chances are none of your creditors will even show up for the hearing, they rarely do, and if you have an atty, he/she will do most of the speaking on your behalf.

    {{Take care of you}}