Declaring Bankruptcy

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Is it still an option for regular people in America? I read long ago that laws were being passed that turned Bankruptcy laws upside down and basically made it much harder for average citizens to get away with. I think that was supposed to pass this past spring in May or something. I also read that GW Bush holds the record for the president with the most bankruptcies declared during his term over any term in history.

I fantasize about declaring bankruptcy, but I don't think I could ever do it. Now, I'm not even sure if it's even an option for me anymore, legally speaking.

Scaredy Cat, Tuesday, 29 July 2003 14:17 (twenty-one years ago) link

There was a buzz of interest in bankruptcy over here recently when a few graduates decided to clear all their student loans and debts by declaring themselves bankrupt. I don't know if they have changed since then.

N. (nickdastoor), Tuesday, 29 July 2003 14:22 (twenty-one years ago) link

It is. There are, iirc, two different options (two different types of bankruptcy), but I don't know the differences in terms of function or eligibility (there are debts which are not cleared by bankruptcy; possibly the changes you heard about dealt with this?) An acquaintance of mine declared bankruptcy not long ago, maybe a year or two. Whether or not it does you any good, especially compared to debt consolidation, I don't know, but it is a legal option.

Tep (ktepi), Tuesday, 29 July 2003 14:25 (twenty-one years ago) link

My friend had two appointments today: one in court at 9:30 am over about $2000 in oustanding debts, the other at 2:00 pm to begin his bankruptcy proceedings!

nickalicious (nickalicious), Tuesday, 29 July 2003 14:26 (twenty-one years ago) link

It's not as glamorous as it might seem. My parents declared bankruptsy because there was just no way they could pay off the bills my mom had accumulated; our car was repossessed etc etc. So hey, bankruptsy will save you. It basically destroys your life for at least ten years afterwards.

Ally (mlescaut), Tuesday, 29 July 2003 14:27 (twenty-one years ago) link

The credit card industry was lobbying for stricter rules about paying back cc debt - I don't think anything has come of it. I don't think here has been any major changes to bankruptcy laws so far under Bush.

Student loan debt was always non-avoidable. If that is a major part of your debt, forget about it.

fletrejet, Tuesday, 29 July 2003 14:29 (twenty-one years ago) link

Student loan debt was always non-avoidable. If that is a major part of your debt, forget about it.

Alrighty then... well, what if I transfer all that debt to a loan and then declare bankruptcy?! :) I just got an offer for a loan of $25k.

Damn, though, seriously, college loans is the only reason I would declare bankruptcy.

Scaredy Cat, Tuesday, 29 July 2003 14:54 (twenty-one years ago) link

My best friend just did it. He filed the papers himself, which is perfectly legal if you're filing chapter 7 (for individuals, chapter 13 is a court-adminstered payback plan, for which you oughta hire a lawyer). He bought a book with the forms and filled in all the info. He says it wasn't as daunting as it might seem. Each state does have some individual forms that one needs to be aware of, and they're usually available at each state's bankruptcy website. But it's a US Federal court matter and each state has courts located in various districts divided by northern/southern, etc. The filing fee is usually around $200 and can be paid in installments.
The filing itself is a snapshot of your financial situation at the time of filing. You need to inventory property, bank accounts, IRAs, etc. In most cases, unless you own several expensive autos and so forth, you get to keep your property, which once you file is under the jurisdiction of the court. It's important to be honest about what you have and to not transfer any property to anyone else, esp. family members called "insiders," before you file; the court does look askance at this. Also, don't use your credit cards once you decide to file, and don't pay any creditor any more than $400 (I believe) before, either.
As noted above, student loans are a bit more tricky and I don't know much about that. But unsecured credit-card debt is erasable...secured debts, with collateral, are a bit more problematic and equity enters into the picture here.
As I say, my buddy did it all himself, and met with the court-appointed trustee himself as well. If it's a simple case you really don't need to pay a lawye the $700-$1000 fee to handle it, as the pertinent info is available online and in several books. Individual states have different allowable expemptions for property and you have to know this.
I helped him with a lot of this process--he's not too organized, which is part of the reason he's in this mess to begin with--and while it's traumatic and galling, once you begin the process the peace of mind gained from no more creditors calling and writing is invaluable. As with many aspects of the US legal system, there is a fair amount of deliberate mystification involved, but once you start filling out the forms it is really straightforward.
He also got a (very low balance) unsecured, "real" credit card, immediately after filing. It does create problems but in some ways you're a better credit risk afterwards, since you don't have any debts any more, and since you can't do it again for a few years, I think it's 6 or 8. If you're at the point of needing to file bankruptcy, your credit is already so screwed that filing really doesn't make that much difference, but it's obviously a last resort. Credit counselling is basically like filing chapter 13, except the credit counselling company pays out the lump sum to creditors on a schedule instead of the court.
I hope this helps--I can tell you that my pal is a lot better to be around now that it's behind him. Again, it's very, very important to be honest with the court and to follow all their rules to the letter.

Jess Hill (jesshill), Tuesday, 29 July 2003 15:08 (twenty-one years ago) link

ten years pass...

is it true that you can only file bankruptcy once in a lifetime? or just only so many times - like you have to wait a while before doing it again

Brian Eno's Mother (Latham Green), Wednesday, 2 April 2014 19:13 (ten years ago) link

Which country? Republic of Ireland? USA?

Aimless, Wednesday, 2 April 2014 19:29 (ten years ago) link

USA

Brian Eno's Mother (Latham Green), Wednesday, 2 April 2014 19:30 (ten years ago) link

Here's a place to start.

Aimless, Wednesday, 2 April 2014 20:05 (ten years ago) link

"Increase the time in which a debtor may have multiple discharges from 6 to 8 years."

this?
I can never understand financialese

Brian Eno's Mother (Latham Green), Wednesday, 2 April 2014 20:07 (ten years ago) link

discharge = discharge of debts = entering bankruptcy as we lay folk understand it

therefore you've probably caught the bit of legalese that applies to your question

Aimless, Wednesday, 2 April 2014 20:11 (ten years ago) link

why dies everyoen seem to think you can only declare bankruptcy once in a lifetime? thats BULLSHIT!!

Brian Eno's Mother (Latham Green), Wednesday, 2 April 2014 20:13 (ten years ago) link

otm

Aimless, Wednesday, 2 April 2014 20:13 (ten years ago) link

its the Cock brothers spreading lies!!

Brian Eno's Mother (Latham Green), Wednesday, 2 April 2014 20:20 (ten years ago) link

nine years pass...

I think I need to do this. it sucks but I can afford the necessary filing fees. the debt management program was a nice idea but I was alarmed that despite bringing in $600 more than usual this month, I still lost money in my savings.

anybody been through this? does it suck or is it a relatively smooth process?

linoleum gallagher (Neanderthal), Tuesday, 25 July 2023 13:36 (one year ago) link

I haven't, but best wishes for a speedy getting-on-your-feet, Neando.

Moritz von Oswald von Wolkenstein (Boring, Maryland), Tuesday, 25 July 2023 14:43 (one year ago) link

i feel like this is the one big thing standing in my way of restoring my mental health. thanks Boring!

linoleum gallagher (Neanderthal), Tuesday, 25 July 2023 16:01 (one year ago) link

I don’t have any advice but good luck dude. I hope it helps.

Allen (etaeoe), Tuesday, 25 July 2023 17:02 (one year ago) link

It'll likely put a ding in your credit rating, but that can be built back up (if you even care about that stuff)... but if a clean slate would help your state of mind, I'd at least look into it... you can probably find some document filing/paralegal office rather than hiring an attorney, I think this is more administrative than anything, but what do I know

Andy the Grasshopper, Tuesday, 25 July 2023 17:07 (one year ago) link

Dude, you live in Florida; you can probably declare bankruptcy from a kiosk at a 7-Eleven. Good luck with it!

but also fuck you (unperson), Tuesday, 25 July 2023 21:29 (one year ago) link

thanks. if I was on the fence, the decision has been made - they banned overtime at work. usually this time of year, OT is how I get caught up (not to mention, needed with how busy we are). they've taken it away immediately meaning the 5 hours I was expecting to get this week are now 0.

fucking pieces of shit.

linoleum gallagher (Neanderthal), Tuesday, 25 July 2023 21:30 (one year ago) link

Consultation booked for tomorrow

linoleum gallagher (Neanderthal), Tuesday, 25 July 2023 22:20 (one year ago) link

Best wishes with it all

hrep (H.P), Tuesday, 25 July 2023 23:49 (one year ago) link

one year passes...

Obv I didn't do this last year because of some misguided desire to keep my car but doing it for real this time.

I'm in a much better mental state than I was at this time last year as well

Good luck Neando!

H.P, Wednesday, 21 August 2024 00:05 (four months ago) link

thanks!

so just went to the debt management program to change Friday's deposit to just $100 to give enough to make the payments due this month. lawyer suggested just not giving them another cent, but...one of the creditors will literal re-file a lawsuit the moment they don't get their money, and while said lawsuit would go away when Chapter 7 is officially filed, it's going to be a few days before I can get the money to the lawyers and they are officially representing me and I don't want to be stuck w/ a lawsuit and no idea how to respond to it.

hilarious thing is the agent was like "oh but this will break all of your agreements" to which I responded "I literally just said I'm filing Chapter 7, I do not care".

if this site were a food it would have NO nutritional value!!!!!!! (Neanderthal), Wednesday, 21 August 2024 05:16 (four months ago) link

lmao doing the mandatory credit counseling now. according to it, if I actually paid all my bills, I'd take home a cosy negative $2000 per month!

omg this shit is hilarious, granted I haven't done the IN-PERSON counseling yet, but all of the budgeting advice is basically

"lol u poor, don't do so much fun stuff! listen to music in the park! watch public domain cartoons!"

"see, you have money left over after your fixed expenses, so you're actually in decent shape" (if you pay none of your actual unsecured debt bills and wind up being sued or having your wages garnished, that is

(i'm not poor and wouldn't pretend to be, but I am hella insolvent and have no assets)

so I'm now realizing that I might have to hold off on the actual filing AGAIN because the bonus I got (which I never get) and the settlement mom got for 2k and the GoFundMe she got in May is greatly distorting my income calculation to where I make too much to be approved without the means test. waiting for them to fall outside of the 6 month calculation period would push me to...March of next year (or if I just wait for the GoFundMe, December of this year)...and that's all assuming the mean income stays the same or increases after November and not...the opposite.

i've given up trying to figure out on my own and reached out to my attorney. I'm still going to stop payments to my debt collectors in the mean time and have them on retainer but I'm just so tired of this dragging out. it's so stupid how the government does this. a $2100 settlement check that my mother will get only once and never again actually counts as $4,200 toward our combined household income because they average your income for 6 months and multiply it by 2. meanwhile, all that money is gone, and so is my bonus.

if I'd done this in the summer it'd be over now.

two months pass...

It's filed! officially!

gonna be a while before discharge occurs but the lengthy buildup to the first part is done. now the annoying phone calls stop.

Joe Boudin (Neanderthal), Monday, 18 November 2024 22:23 (one month ago) link

Congratulations!

Marten Broadcloak, mild-mannered GOP congressman (Raymond Cummings), Monday, 18 November 2024 22:25 (one month ago) link

there’s nothing like following a lengthy buildup with an occurrence of discharge!!

Humanitarian Pause (Tracer Hand), Monday, 18 November 2024 22:35 (one month ago) link

https://media.tenor.com/IhCFKUvN9HsAAAAM/mc-mahon-hey.gif

Good luck though Neando! Sending good thoughts your way.

Maxmillion D. Boosted (jon /via/ chi 2.0), Monday, 18 November 2024 22:39 (one month ago) link

one month passes...

341 hearing is tomorrow. been told the administrator leading the meeting is a hardass. been told I have nothing to worry about but anxious nonetheless.

Riposte Malone (Neanderthal), Wednesday, 18 December 2024 18:01 (four days ago) link

my first two months post filing, knock on wood but i'm on my way to being in the 'black' with my personal finances for the first time in years.

these past few months have been a bad litmus test as there was a series of non-recurring expenses (four new tires, a vacation, and Thanksgiving dinner and Christmas dinner/gift expenses) so hopefully it's even easier in January.

Riposte Malone (Neanderthal), Wednesday, 18 December 2024 18:04 (four days ago) link

Good luck, Neanderthal... hopefully you'll shortly have all this behind you, I imagine it's stressful

Andy the Grasshopper, Wednesday, 18 December 2024 18:11 (four days ago) link

yup but i feel like a big weight is gonna lift. mostly cos I won't be able to get creditors to touch me for a while!

Riposte Malone (Neanderthal), Wednesday, 18 December 2024 18:18 (four days ago) link

I've always heard that post-bankruptcy, they come right back at you... credit card companies etc.

Andy the Grasshopper, Wednesday, 18 December 2024 18:21 (four days ago) link

Aren’t the expenses good in terms of debt being discharged/insolvency, or do they only look at assets and liabilities on the filing date?

sarahell, Wednesday, 18 December 2024 18:22 (four days ago) link

i'm an asset-free bankruptcy as my car isn't worth enough to seize and I have little else of value. not 100% sure how much of my savings I'll be able to keep but based on the Florida law I read for how much employment-based income can be protected, I think I should be able to keep most. but i'll wait for their input.

Riposte Malone (Neanderthal), Wednesday, 18 December 2024 18:45 (four days ago) link

What a relief to be getting back in black. Good luck with it all.

nashwan, Wednesday, 18 December 2024 18:59 (four days ago) link

in my usual fashion I almost managed to make a routine meeting hairy. I use MS Teams regularly, Zoom rarely, 341 meeting is on Zoom. I get to the computer ten minutes before session, notice somehow Zoom is uninstalled, even though the shortcut still appeared. tried to download, it froze. ok, will use my phone.

I'm not at ALL used to the phone app, it's not really different in layout but there are a few functions that are simplified or slightly different. so they tell me to come on camera and unmute my mic, and the mic button isn't working for me and they seem me frantically clicking like a madman. the trustee finally helps me unmute and then the rest of the meeting goes without a hitch.

time to take the final course!

Riposte Malone (Neanderthal), Thursday, 19 December 2024 15:13 (three days ago) link


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