Thread: Bankruptcy
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Old 01-25-2016, 06:49 AM
  # 7 (permalink)  
redatlanta
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Join Date: Sep 2012
Location: atlanta, ga
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Hey WTBH in my former career I worked in the Bankruptcy and Foreclosure field so I will offer you my advice.

BR for most people feels like a failure. I hope that you will change your outlook on this because the Chapter Laws exist to assist people, not to condemn them. Unfortunately so many I saw and dealt with involved divorce, and failure on a former spouse to meet their obligations as set forth in the divorce decree. A divorce Judgment will not supersede a contract - if the cards are in both your names joint liability will trump the decree and the Credit companies could care less. They will come after you, him or anyone that they can. You state that these are his charges - were the cards in both your names? If so, and the debt amount is too high for you to pay then yes I would go the route of Ch 7 (not a 13). Have you attempted to negotiate with the companies for a lower balance, 0% interest, removal of fees and such with 12 - 24 month payout.

While you may think this will destroy your credit its not true. If you are carrying a high debt ratio, and just paying off minimum balance on maxed out cards your credit rating is in the toilet already. Missing payments as instructed by your attorney is further lowering your credit rating (though wise advice if it was pay them or pay rent). I have seen people who filed bankruptcy, and their credit rating went UP (not common but it does happen). The worst thing you could do in not be able to pay beyond minimums and continue to hold out that paying a little is better than filing BR. Making min payments will never payoff the cards and your credit rating will stay in the Sh!tter the entire time.

The truth is someone who has filed Ch 7 becomes a more secure credit risk in the future as you won't be able to file again for many years. Most of the time after a filing people receive offers from car dealerships within weeks/months to finance, as well as credit card companies. 2 years from the date of you BR filing you can be considered buy a home........its simply not the end of the world, rather getting rid of stress and a step forward in a positive direction. The best thing to do is to apply for a secured credit card after filing and start rebuilding that credit. It does not take long.

If the cards are not in your name as well then I am wondering why you are paying for them? Also why are you paying half of his student loans? Was this in your divorce decree?

One last piece of advice....if you BR don't hold ANYTHING out to pay off. I have seen people do this as well. I think its because it makes them feel better about it, or perhaps they got a loan based on a personal relationship and feel bad. Don't do that. If you are going to do it CLEAN THE SLATE.
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