Newbie needs advise on Bk

Discussion in 'Credit Talk' started by atargett, Aug 5, 2002.

  1. atargett

    atargett Member

    Here's my story...
    I am a single mother (29) of a 7 yr old. I've never seen a penny in child support ever even though he is court ordered to pay. While we were together he used credit cards, all in my name, adding up to $20k in debt. Over the past 6 years or so I have stupidly ignored all notices and collection attempts. Now the debt collectors have accessed my bank accounts and can and have withdrawn $ whenever they please. I never received any kind of notice that it was going to happen.
    I obtained a copy of my credit report which may aswell be written in a foreign language to me. Very hard to interpret.
    Should I file bk?
    I need some advice as to the cheapest and quickest route possible to getting rid of this huge headache.
    Thx.
     
  2. Niner849

    Niner849 Well-Known Member

    I can't help you on weather or not to file BK, but on the child support issue, have you taken this guy to court? I too am owed over 12,000 in back child support. If I knew he had good things (house, nice car, job) etc. I would sue him for the entire amount, and wouldn't have to worry about my credit...lol. File a case with the District Attorney's office. Get the ball rolling. You can email me at anytime regarding the child support issue, and I will try to help you any way that I can.



    Andi
     
  3. atargett

    atargett Member

    Andi,
    My ex is no where to be found, I don't think he is even in the country. However I do have a judgement against him so he owes over 7 years in backpay (not that I ever expect to see a cent).
    Thx.
     
  4. newstdt

    newstdt Well-Known Member

    I'd suggest just making an appointment with an attorney in your area who specializes in bk law. They'll lay it all out for you on what's dischargeable and how quickly you can file. Most offer a first time free consultation so it's not difficult to find out if bk would work in your case. Their fees can vary so just ask when you call how much they charge normally for each chapter. Most let you make payments also, so there's always a way.

    Hope it works out for you. Having filed myself, I know it can be a hard choice. That first appt usually helps you make up your mind though.

    Newstdt
     
  5. cable666

    cable666 Well-Known Member

    You are dealing with multiple problems, of which your credit report is the least of at this time.

    You left a lot of information out, so in order to get better answers, you will have to provide better facts.

    For example:
    Q: What state are you in?
    Q: When did this $20k in CC debt become delinquent?
    Q: Were you served with a summons on a lawsuit? Did you go to court?
    Q: Are your wages being garnished in addition to your bank account?
    Q: Do you have property and other assets that are at risk?
    Q: Do you have other delinquent debts beside these unpaid CC's?
    Q: Are you working?

    The CA's have obiously sued and won a judgement against you. They now have all the power to make your life hell.

    It is a mistake to go rushing into BK without giving it at lot of thought and making sure everything is ready before hand. If you file just to stop this CA from getting their hands on some of your money, then you will regret it later.

    The first thing I would do in concentrate on getting your finances back under control. You are going to have to keep your income out of your bank accounts. Start using postal money orders to pay bills. Use cash.

    Start attacking the garnishments. The rules about how much money a garnishment can take are state laws. It is up to you to make sure they are not being exceeded. If you don't, the CA will take whatever they can get their hands on.

    Then attack the judgement itself. Make sure the lawsuit was properly servered and that the plaintiff followed every rule. Try to get the judgement vacated, which will force the plaintiff to sue again. This will buy you time. CA's are very sloppy plaintiffs. It should not be hard to nail them on the procedural technicality.

    I disagree with the recommendation of finding a BK lawyer that will take payments. I've never know a good one who will. Why should they trust you to pay them? After all, you are there because you can't pay your bills. If you find one, it will be a rare thing.

    The best way to pay for a good BK lawyer is to take the money that you would have used to pay the debts with, or take control of your garnishments by hiding your income and money from the creditor.

    You are going to need legal help. You waited too long to take action and now you have lost many of the techniques you could have used. Call you local legal aid society and get help.

    Your immediate goal is to get them out of your money and get some time to prepare counterattacks. Once done, you can get aggressive and go after your creditors.

    Your credit is toast. Don't waste any energy "fixing" that now. You have much bigger problems to deal with first.
     
  6. Butch

    Butch Well-Known Member

    Actually, most BK lawyers are catching on to the fact that BKer's are broke. They will now incorporate their fees into the plan with the stipulation that they get paid first.

    This eliminates the need to come up with a chunk of money.

    First visit should be free tho. Just be prepared to be advised to file immediately. That's how they make their living.

    HTH
     
  7. cable666

    cable666 Well-Known Member

    Wow. I learn something new everyday! I wonder what the trustee's think of that? Technically, doesn't the debt you owe to the lawyer also get discharged since ALL debts must be listed?

    When I went shopping for a BK lawyer over 4 years ago, they all made it very clear it was cash on the barrelhead, usually between $1200-$2500 dollars for a chapter 7.

    I had heard that it was unlikely that I would find one who would accept term payments and my experience confirmed it.

    On the other hand, I did not negotiate on this point. Perhaps if I had no cash and had garnishments pressing on me I would have had no choice but to find a lawyer who would accept such terms.

    My objective was to get the best BK law firm in town representing me. I wanted a lawyer who I could discuss options with, and I could use to fight creditors and CA's. I had some unique circumstances that had to be taken into account. Most lawyers I spoke to only cranked out run-of-the-mill chapter 7 BK's, with no real thought or creativity behind them.

    So price and payment terms were a low priorty concern of mine.

    It took a little while, but I found an awesome one. All he and his law firm do is represent debtors, big time debtors. The type you read about in the paper with amazement. Simply having their name on my letters made some CA's run away.

    I ended up paying about $2300 in a retainer. I laid out a battle plan, discussed it in detail with him, and then executed it. It took four years, but it worked.
     
  8. keepmine

    keepmine Well-Known Member

    I think Butch is referring to a Chapter 13. That is pretty rountine. The lawyers I know wou handle bk's want the fees paid in full prior to filing. A few on a case by case basis will accept the filing fee and 50% and go ahead and file but, they want the balalnce prior to the 341 meeting.
     
  9. clc18940

    clc18940 Well-Known Member

    atargett-
    There are other ways to file a bk petition than paying an attys fees if you can't afford it. I think you are a good candidate for using these sevices. Please email me privately at sealeighsea@hotmail.com and we can discuss privately your situation. In your email to me be sure and mention what state you live in, what assets you have i.e. do you own a house, what is your mortgage, what is your equity, what is your approximate salary, what cc companies are accessing your checking accts, do you own a car and what do you owe on it.

    With this info I can give you some bk info that is geared to your own particular situation. I am a practicing paralegal who is experienced in bk. I am limited ethically from giving legal advice but I can guide you in the right direction.

    Hope I can help you out in this situation.

    clc
     
  10. LKH

    LKH Well-Known Member

    Sounds almost like BBauer trying to drum up business. LOL
     
  11. clc18940

    clc18940 Well-Known Member

    I really take offense at being compared to or insuating that I am bill bauer. I have posted 360+ times on this board and have shared private emails with a number of old timers including psychdoc. I am a practicing paralegal in bk and tax as it relates to estates and trusts and I try to do my best on this board by explaining to people the laws on bk. I have found in my experience here that many people are embarassed or humiliated to post publicly all their details and feel more comfortable doing it in private emails. I also have no compulsion to "drum up" new business as I neither ask for nor require payment for my advice. So please refrain from making ignoranus remarks about someone that you cannot substantiate with facts.

    clc
     
  12. LKH

    LKH Well-Known Member

    You need to get over yourself. Did I say you were BBauer? NO. I said it sounds like what he used to do. I really don't care who you have shared emails with. It doesn't matter to me or anyone else. I know all about you being a practicing paralegal. You tell us everyday. If you can't take a joke, as I was once told by your email pal Psychdoc, get some backbone.
     
  13. LKH

    LKH Well-Known Member

    Quite the hypocrite. Does the name Jude60 ring a bell?
     
  14. atargett

    atargett Member

    Wow, so much information my head is starting to spin, BUT, it is greatly appreciated and respected.

    My son and I live in CA, I own my car out-right and we rent an apartment. I work part-time and am a student, so funds are very limited. Other than this horrible cc debt I have no other debt. For the past 5 or 6 years I haven't used credit cards for anything.
    I don't remember ever receiving a summons but I did move and not all of my mail was forwarded.
    As of yet my wages haven't been garnished but as I said before, they have already taken all my savings and half my checking account (without any prior knowledge).
    I am just not sure what my next step should be. I really can't afford a lawyer but realize I do need one. I am concerned that I will pay out a lawyer who will just rush thru a bk for the cash and will do me no real good.
    I have my credit-report and have basically stopped using my bank account. Is it o.k. to open another account in a smaller bank?
    How do I attack the judgement and garnishment? Please excuse my ignorance I just want to learn all I can to fix my (ex's) mess.
     
  15. clc18940

    clc18940 Well-Known Member

    atargett-
    Either email me privately (my email is on) or turn you email on by going to "account" and checking "yes" you would like to receive emails. I can explain all of your options that are available to you.

    Just click on my name and it will take you to the screen where you can access my email. Looking forward to hearing from you.

    clc
     
  16. clc18940

    clc18940 Well-Known Member

    It is obvious you are not a student of linguistics or semantics but anyone with 2 beth cells working synchronously would assume that like bbauer I am using my posts to "drum up new business"

    This is patently a lie on its face as I have never charged nor do I advertise any pay-as-you-go service. Whilst you may be tired of my repeated posts re:being a practicing paralegal with experience in bk and tax...I post my experience to indicate to new people that I have some in depth legal knowledge that might give them the accurate info they are looking for. Just because you might find it repetitive makes no biggie difference to me as I will continue to post my professional experience when and where I think it is appropriate.

    Just imagine if you yourself who filed 2 bks since 1990 and had a car repoed in 1995 had had some advice before filing a bk 13 impulsively in fear that a legal judgment was going to be filed against you. If you had known that a dismissed 13 stays on your credit for 10 yrs instead of 7 maybe you wouldn't have jumped the gun so quickly.

    Most applications for a mortgage or car loan asks the question "have you ever filed for bk"...and whether it was dismissed or discharged answering "no" is considered fraudelent.

    En fin your sneering remarks and mean spirited humor is not going to prevent me from helping people who ask for help. Posting this reply is for the benefit of new people who are either embarassed about filing bk or are hesitant to share their financial details with a 3,000+ member board...so in that spirit I will continue to offer my advice on bk via private emails.

    clc

    PS PyscDoc has never emailed me the advice "get a backbone" because I think he is pretty sure I already have a well developed one.
     
  17. LKH

    LKH Well-Known Member

    Did you read what you quoted? "IT ALMOST SOUNDS LIKE BBAUER LOL"


    It was initially meant as a joke, but because you have such a well developed backbone, you immediately thought otherwise. May I suggest that you are a moron. You have had problems with how many people since you statrted here? This is an anonymous board. Are you aware that someone posting here is unknown? Why would that ambarrass them? I think you have this need to be the bigshot and take over. As I said before, I initially intended this to be a joke, but since you thought otherwise, maybe you should question why. In the 2 + years I have been a member here, you and BBauer are the only 2 who repeatedly asked people to privately email them. So, Miss High and Mighty Paralegal, I think you have serious issues. I don't like you and your comment that "it almost sounds like BBauer" is "patently a lie on its' face" is untrue, because it does sound like BBauer. Put that in your pipe and smoke it.
     
  18. atargett

    atargett Member

    The petty bickering is not any kind of advise I am looking for or much of a help at all.
     
  19. Bunter

    Bunter Well-Known Member

    If I may make a suggestion, shouldn't this argument be handled via e-mail? It isn't doing anything to move the actual discussion forward.
     
  20. whw1959

    whw1959 Member

    As one that has filed before (1995) I advice you to look into every other possible alternative. Like first getting a CR and finding out your SOL for any other creditors that you still have that may be out to get you. I filed on 30,000 worth of debt and am now digging my out of a worse situation. I'm also a single parent of a 12yr old and a 10 yr old and their mother is no help financially at all. If it is only one creditor and they only took a parial amount from your checking is it possible that they have been satisfied? You mentioned that you haven't used any of your cards for 5 or 6 years then maybe the SOL sill step in and save you. In short: You are in school I assume to build a better life for you and your child, and it will be extremely disheartening to finish school get a great job and have to live in an undesireable neighborhood simply because of your BK
     

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