Friday, September 16, 2011

Monthly-ish Bankruptcy Update

So another month has gone by and yes, we are still struggling. Even with my increased hours, we are struggling to make our paychecks stretch so that we can pay all our bills. There isn't a week that goes by that I don't worry about having enough money to buy gas for my car or food for the next week. When I look back to when this whole thing started--some seventeen months ago--I think of all the things we should have done, and should have thought about. It literally makes me sick. Once again, if you found this blog because you are looking for non-legal advise about bankruptcy, then I am begging you to consider the things we learned the hard way.
  • DO NOT trust everything your lawyer tells you. Be very cautious about what your bankruptcy lawyer tells you. He or she may be the legal expert, but chances are they have never filed for bankruptcy themselves and had to live with the consequences.  
  • DO NOT forget that your lawyer is in this business to make a living for him/herself. Many things they say are not necessarily what will truly happen. They often say things they know you want to hear.
  • AVOID filing for Chapter 13 bankruptcy if it is at all possible. A Chapter 13 bankruptcy is like being sentenced to serve five years on house arrest. You are allowed to keep your house and your car, but there will be very little money left after the Trustee takes his/her cut. You will be left with only enough money they think is enough to cover your monthly bills. That means if you have any unfortunate turn of events, you will have trouble paying for it. There will be no extras in your life for the next five years. You are free to go to work and come home, but forget about any sort of recreation, restaurant dining or home maintenance or any other "luxury" expense.
  • KNOW your finances inside out. If there is any way to avoid filing for bankruptcy, do it! If there is a chance you won't pass the means test for a Chapter 7 bankruptcy, then don't move forward unless there is no other way. Even though a Chapter 7 damages your credit, at least it is a clean break and a chance to move forward. With a Chapter 13, you have to pay for five years before you can even start to recover, and even though you will have paid a percentage of your debts back (unlike a Chapter 7 that wipes debts off the books),  you will still have the bankruptcy showing up on your credit report for at least seven years.
  • MAKE SURE you try to negotiate with you creditors before even talking to a lawyer, they may work out a payment plan with you so you can avoid bankruptcy.
  • BE PREPARED for some really tough times. Do not be afraid to use food banks and help from friends because you will not qualify for any kind of assistance like the free/reduced lunch programs in schools; you still have to pay your income taxes, you still have to live your life, and that requires money. Be prepared to sell things you never thought you could part with, eat things you never thought you would eat, and ask for things you never dreamed of asking for.
  • BE HUMBLE

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