Off topic....Chapter 13??

Old 04-26-2019, 07:41 AM
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Off topic....Chapter 13??

This is off topic, but something I am dealing with. I had a situation outside of my control that is financially coming back on me. I am already teetering on the edge financially. I spoke to an attorney who recommended I file Chapter 13 bankruptcy, because I own my house outright so I cannot file Chapter 7.

Has anyone had any experiences with this that you can share with me? I am having a pretty rough time making this decision, and honestly, embarrassment is a part of it.

Thanks in advance.
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Old 04-26-2019, 11:49 AM
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Hi hopeful,

Bringing this up at Al-Anon or Celebrate Recovery could be very useful in many ways including other ways of viewing taking this action or out-of-the-box experiences.

Various financial issues while recovering from this family disease of alcoholism/ addiction seems right on topic, even if not directly related. Rebuilding my life is encompassing every facet of it, in ways I never expected.



How are things going with your dad?
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Old 04-26-2019, 12:26 PM
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I filed Chapter 13 many years ago...probably close to 30 years. I didn't find it all that horrible. There is a lot of paperwork involved and the appointed trustee will set out a repayment plan for your creditors. It is highly recommended that you set up automatic payments each month, so you have less chance of not fulfilling your obligation. It's true it stays on your record for several years, but I found living a cash only life to be much better anyway.

I think the stigma attached to bankruptcy is what keeps a lot of people from filing. I would a whole lot rather get it off my back than have financial worries for years. Honestly, it's really not that bad.
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Old 04-26-2019, 12:56 PM
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Thank you Mango and Suki. I am really thinking hard about it and evaluating my options.

Mango, thank you for asking about my dad. He is doing ok. He is settled into the memory care unit, it's a wonderful place full of kindness. I believe him to be overmedicated, I am talking to my mom about that this weekend. I know a contributing factor to that is that he sundowns so it makes him so much more tired in the day when we see him. It's a sad disease, but I do realize it could be worse than it is.

He is in an upscale place with about 15 patients total. I have gotten to know them very well, and it's been a shock to see how quickly they can go. One of the ladies passed away unexpectedly which broke my heart, she was my favorite friend. Another was just up and walking around with me one day, and less than a week later in a wheel chair, and less than a month later has been put on hospice and they don't think he will last long. It's quite shocking and hard because it's quite easy to become very attached.

Mango, I also have been meaning to ask you how your DS is doing?? I am hoping he is doing well my friend.

I hope everyone has a nice weekend!
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Old 04-26-2019, 01:33 PM
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Thank you, hopeful! DS12 is doing well.

I have no idea how long this will take. Today is a good day. Simply asking for eyes to see this.
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Old 04-26-2019, 09:58 PM
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hi Hopeful, we don't have chapter 13 in Australia but it sounds like a humane alternative to full blown bankruptcy. If you do decide to go down that path at least you'll have paid back some of the money owing, and that's a good feeling.

If you are constrained for money and have to live frugally for some time there's a lot of info online to help. I follow an Australian version called Cheapskates which would be also applicable to any country. You'd be amazed how well you can live on very little.
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Old 04-27-2019, 06:34 AM
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I just finished paying off a chapter 13, and am awaiting the discharge of my case.
Even though this is a Federal action, the laws vary state to state.
In a chapter 7, there is a "homestead exemption" where you get to keep your house, but you are liable for an amount you would have paid in a chapter 13.

In my experience, the attorney you get is EVERYTHING. Dont try this "per se." There are too many legal details that can get you tangled up with the trustee.

I found an attorney who is either on a substance, is apathetic or has dementia. Finally getting away from this guy is one of he biggest perks of having my case come to an end.

Last edited by Eauchiche; 04-27-2019 at 06:35 AM. Reason: I meant "details"
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Old 04-29-2019, 08:51 AM
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I am sorry you had a bad attorney! I am seeing another attorney tomorrow, both come highly recommended. Their first one specializes in bankruptcy and comes highly recommended. Yes, I own my home outright so I cannot file chapter 7, which is fine.

Thank you for sharing!

Originally Posted by Eauchiche View Post
I just finished paying off a chapter 13, and am awaiting the discharge of my case.
Even though this is a Federal action, the laws vary state to state.
In a chapter 7, there is a "homestead exemption" where you get to keep your house, but you are liable for an amount you would have paid in a chapter 13.

In my experience, the attorney you get is EVERYTHING. Dont try this "per se." There are too many legal details that can get you tangled up with the trustee.

I found an attorney who is either on a substance, is apathetic or has dementia. Finally getting away from this guy is one of he biggest perks of having my case come to an end.
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Old 04-30-2019, 05:45 AM
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Originally Posted by hopeful4 View Post
I am sorry you had a bad attorney!
1. At the Trustee hearing, the attorney had a previous address listed as my current home address. The trustee caught that.
2. The attorney told me my monthly payment would be $400. After the trustee hearing, he said it would be $900. I told him to file to dismiss the case so I could start over with someone else. Magically, the payment got lowered to $720.
3. A coworker of mine used the same attorney for their chapter 13 several years ago, and almost had their house foreclosed upon when their case ended due to the attorney's blunder.

I felt like I needed a new 12 step program all over again just for this damned attorney!!!
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Old 04-30-2019, 05:45 AM
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How was your meeting yesterday? How are things going?
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Old 04-30-2019, 05:59 AM
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Oh my! That is all very scary!

The meeting is actually this morning, in about an hour. I am very nervous. I will post an update after!
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Old 04-30-2019, 07:44 AM
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Well, I just went to the attorney. I won't be using this attorney at all, I did not like him.

I called and spoke to the first attorney again with some more questions and have another meeting with her before I decide.

I don't really see any other way out, so it's quite likely I will go forward.
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Old 05-02-2019, 10:07 AM
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I wish I could help somehow hopeful, but I just don't know enough about these processes. I looked into this stuff years ago and ended up going in a different direction simply because there were other programs available to help short-term at the time.

Sending you lots of love & support - I know this is a stressful & emotional decision for you.
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Old 05-03-2019, 06:58 AM
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Thank you FS! After some more things happened, and after another couple hours of discussing with the attorney's paralegal, I have decided to go this route. I am going in today actually. They are really great and have not charged me a penny and I have literally hammered them with questions and situations lol. She specializes in this work, and has come highly recommended.

I am at a place of peace for now. I am embarrassed that I am in this situation, but the last straw was something out of my control, so I am ok with that. It will be in the paper which will be embarrassing, but other people do it all the time. And this is Chapter 13 which is really a restructure of debt, it's not like I am just not paying.

Thank you to all of you for your encouragement, friendship, and support. It's so appreciated.
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Old 05-03-2019, 07:00 AM
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Glad to hear you're at peace with this. It's a step forward, so good for you!
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Old 05-03-2019, 07:07 AM
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Thank you Sasha. Some things clicked into place to let me know I was making the right decision. I know it's going to be a difficult road, but I will be better off in the end.
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Old 05-03-2019, 07:38 AM
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I know it's going to be a difficult road, but I will be better off in the end.

Yes you will and also along the way you begin to have relief from the horrors of financial stress.

I like nice things and I like to overindulge myself with STUFF because well I tell myself I’m worth it! lol but when the bills come the stress is never worth it. I’ve been on a path for the last couple of years of getting myself out of debt and I am almost there and the feeling is fantastic!
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