To file or not to file BK 13

Discussion in 'Credit Talk' started by pammywammy, Jan 7, 2002.

  1. pammywammy

    pammywammy Member

    Here's the scoop. At this point, we're 3 mos behind on the car and 3-1/2 mos behind on the house. On top of that, dh's check is being garnished 25% for an old dental bill. We also have $5000 in charge offs from about 2 yrs ago.

    I have NO CLUE how we'll clean this up! There's just not enough money. I've considered filing Ch 13. What is your opinion? I'm just not sure what other options are out there. The mortgage company wants us to pay 2-1/2 payments this month and then 2 next month. There's just no way - esp with dh's check being garnished now for the next month.

    Please help!
     
  2. Christi

    Christi Well-Known Member

    I thought in the posts a few days ago people gave you suggestions and you said you had it taken care of?? KittW gave you some excellent advice. Read the thread again for some of the things Kitt suggested. How are they garnishing 25% of his wages for a dental bill? That doesn't sound right, I'm no lawyer or expert..but in Texas only the IRS and child support can garnish your wages and even THEY can't take 25%. The max for child support is 20% and not sure about the IRS..but I don't believe a dental bill can get 1/4 of your household earnings. You may need to contact a lawyer or see what everyone else says. Here's the thread from a few days ago...read what Kitt said.
    http://consumers.creditnet.com/stra...postid=124805&highlight=pammywammy#post124805
     
  3. pammywammy

    pammywammy Member

    Christi - I read what Kitt said and I even printed it out. I have my reports. I'm just feeling stuck. I'm looking at my bills and there's not enough money. I work at home and have a $1200 long distance bill to pay @ $400/wk this month. It just seems that everything came down at once. I'm upset and frustrated and this was just a thought. I'm afraid they'll repo the car and start foreclosure on the house. I have to call them both tomorrow, but for today I was just looking for other options just in case.
     
  4. GEORGE

    GEORGE Well-Known Member

    pammywammy
    $1200 long distance bill to pay
    -------------------------------------------------------------------------
    Can't you get a CHEAPER way???
    I saw an add for "UNLIMITED" long distance...
     
  5. Christi

    Christi Well-Known Member

    I would save the house #1. If you can't pay the phone bill, let it be disconnected and then have another one turned on with one of those E-Z phone places or something. Use that $1200 to pay on the house. #2 importance is the car (saving it). Of course you have to pay your electric bill and have groceries. Beg, borrow or steal to save your home and car. Try to pay something to the current cards you have, as far as the charge-offs we (meaning the board) can help you there.

    Take it from someone who has been there, DO NOT file BK. It's a quick fix...but you pay for it a LONG time. There has to be other ways and means. What else are you behind on besides the house & car? You can continue to work on your old credit and clearing that up..but you won't be any better off when you file BK except they won't be harassing you. Creditwise you will be worse off. Have you done an extension on the car? Try that. Give more details and I'm sure more people can offer better advice than I, but I hate to see someone go through BK if they absolutely can help it. See my scores? This is after BK is OFF my reports this year and I'm still working on building and repairing. It will get better, believe me. Let us know what all is behind, what you've done etc. There are some BRILLIANT people on here with fantastic solutions. Oh and you have to pay a lawyer money to file, we did $1200 upfront cash.
     
  6. DaveLV

    DaveLV Well-Known Member

    2.9 cents/minute at www.onesuite.com

    I think there's a company doing unlimited long distance for a fixed rate called Blue Kiwi. I don't know anything about them.

    I am a satisfied onesuite.com customer though.
     
  7. mj

    mj Well-Known Member

    Just a few pennies in thoughts...

    1. BK won't necessarily save the house. If your income can't support the housing payment, your trustee very well could tell you (force you) to sell the house. Do you have equity? If so, you may want to consider selling the house on your own. Foreclosure would cause you to lose your equity.

    2. Same for the car - BK only temporarily stops repo - in the end you can (and probably will) lose the car unless you can bring the payments up to date.

    2. WIth chargeoffs, garnishments, and current lates, BK probably can't hurt your credit anymore than it already is. However, BK lasts longer and takes a lot of work to overcome-- plus you need to be prepared to live on a cash-only diet (or get a few secured cards).

    Sounds like your only way out is to get some additional funds - short term and on-going (more/better work, 2nd job?)

    Good luck to you -
    mj
     
  8. pammywammy

    pammywammy Member

    My husband has to call on the car, since I'm not on the account. I want to see if we can make all 4 payments next month with one of my checks. I'm working full-time as of last week, so there'll be more money. I don't have the $300 to pay off my cc to use one suite at 2.9/min. The phone bill is for 3 mos. My husband works as much as he can (he's a carpenter) right now with the weather. When I was off work in 2000, we borrowed A LOT of money from my mom. She has the money that she could lend us, but told me she wouldn't do it again. There is NO ONE else. I'm going to call the mortgage company today. If we can get a deferrment or something, we should be okay. I was just freaking out because it was all due this month and it just wasn't going to be there. Thank you for your suggestions.
     
  9. pammywammy

    pammywammy Member

    Well, they let me make 1 car payment this Friday and skip Dec and Jan! YIPEE!!!
     

Share This Page