Skip to main content

Is bankruptcy right for me?

Submitted by on Sat, 06/21/2008 - 09:32
Posts: 202330
Credits:
[Donate]

I have a lot of old credit card debts that I am trying to repay. I have joined a non profit debt reduction program, but one of them is suing me right now. I know that bankruptcy will stop any legal proceedings, but I don't know if that would be the right thing for me to do. Should I just stick with trying to repay back my creditors and if I lose this lawsuit, work out something with them?

My credit is poor already, but I cannot afford a lawyer and the only reason I am now thinking of bankruptcy is because of this lawsuit and the fear that they will all come after me sooner or later.


Have you talked with this particular creditor to see if you have any options that would stop the lawsuit?

Even if the lawsuit continues, you can take your budget information with you to court (income and expenses) to show the judge, and the creditor may not get a judgment. The only way that they will get an automatic judgment is if you don't show up.

Has you debt reduction program been in contact with your creditor to see if they are willing to work something out?


Submitted by alias1958 on Sat, 06/21/2008 - 10:02

alias1958

( Posts: 1230 | Credits: )


Yes,
They tried to offer them a proposal, but they are not the original creditor, they refused, they contacted me, when I agreeded to pay them a certain amount, they said they would accept but still enter a judgement, since that call, I have not received the settlemene letter.


Submitted by on Sat, 06/21/2008 - 10:47

( Posts: 202330 | Credits: )


Which one is right for you depends on several factors, such as whether you own property, and if so, what your equity is in the property and whether your payments are up to date. Also, it would depend on what your income is because you have to meet the means test in order to qualify for Chapter 7. Also, it would depend on whether you have other assets that you would want to protect, what your debts are, etc.

Most bankruptcy lawyers give a free initial consultation, and it might be a good idea for you to meet with one to determine which course would be best for you.


Submitted by alias1958 on Tue, 09/16/2008 - 16:00

alias1958

( Posts: 1230 | Credits: )


Popov...your statement makes no sense.

Guest, if all your income is SSI, then technically you are judgement proof, meaning if the creditors sue you they cannot garnish your bank account...it is safe from the creditors. I would suggest you speak with a few attorneys to find out what is the best course for you. Beware that BK attorneys make money only when people file so they may try to pursuade you to go that route...talk with a legal aide lawyer (usually free) or spend the $ for a 1/2 hour session to consult with a private attorney if you can't find one who will consult for free...otherwise, altho you are judgement proof, the creditors will continue to hound you.


Submitted by desperatelyseekingsanity on Tue, 06/30/2009 - 09:17

desperatelyseekingsanity

( Posts: 1129 | Credits: )


Is bankruptcy right for me...? I have a $250,000 mort. loan that's worth $160,000, another mort. loan for $200,000 that's worth $60,000, a line of credit of $70,000 , an equity line of $50,000 and about $45,000 in credit cards debts...All unpaid debts.


Submitted by on Mon, 12/28/2009 - 08:08

( Posts: 202330 | Credits: )