Skip to main content

Chapter7 vs debt settlement

Submitted by on Tue, 07/07/2009 - 03:02
Posts: 202330
Credits:
[Donate]

I am in the process of DIY debt settlement and wanted to know if I should just file BK and get it over with. I would qualify for chapter 7, but I would like to keep my house and car and wasn't sure if I can pick and choose what is included in BK. I did speak to a lawyer and he wanted to push me into BK and would not answer my questions with direct answers. I need to know alot more then he was telling me. Settlement sounds better to me, but I do owe a lot of money to a lot of credit card companies and don't know if I will have enough time to come up with the money to settle with all of them before the lawsuits start.

If I could file and wipe out my credit card debt only, it would be a very easy choice, but I don't think it would be that simple.


I would love to speak with an attorney if I could find one to just tell me the facts and not try to push me into BK. Is there anywhere I could just look at some requirements and see if it would be the best option for me. I am in Fla.


Submitted by on Wed, 07/08/2009 - 03:52

( Posts: 202330 | Credits: )


I filed both ch 7 and ch 13 bk myself. Just look at your states laws on what you can "except" in a CH 7 filing. For instance, in WA state, you have a vehicle exception of $2500. That means if your vehicle is worth only 2500 if you sell it privately you can keep it. If it's worth more, than there's an addition 2000.00 "wild card" exeception you can use to keep it.

Legalese is sometimes hard to understand, but usually it's laid out pretty straight forward...
Forms are easy to fill out, just takes a while....and if you do something wrong, the court will send you a list of corrections you need to make on various schedules and resubmit. (usually no fee for CH7)....

here's a website for starters: w w w dot flabankruptcy dot net slash Chapter_7 dot html


Submitted by on Thu, 07/09/2009 - 09:33

( Posts: 202330 | Credits: )


If the federal exemptions are kinder that the FL exemptions for a specific item, use that instead. you just document which exemption you are using on the schedules....
Just search for Federal CH 7 Bankruptcy exemptions.
You can contact me if you have further questions, but BK filing was ALOT easier than I thought it would be....
HECK - I've done it twice without and atty and I'll prolly have to file CH 7 again in September !


Submitted by on Thu, 07/09/2009 - 09:37

( Posts: 202330 | Credits: )


It really depends on how much you owe. I tried an credit counseling agency before my first CH 7 and it didn't do much good. CH 7 was a godsend to me....I wiped out 10,000.00 in debt I had been trying to pay off for years and was able to buy a condo within 2 years. I kept my car as well.

Yes, BK is a stigma and a tough pill to swallow, but if you go that route you'll feel like a gigantic weight had been lifted off your shoulders...and no one really needs to know, do they?


Submitted by on Thu, 07/09/2009 - 09:40

( Posts: 202330 | Credits: )