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Bankruptcy

Submitted by on Tue, 12/30/2008 - 20:37
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I need advice.
I have credit card debt...Was a little under $10,000. Over the years, it's grown to about $15,000 with late fees, etc.

I haven't used these cards or made a payment on these cards since 2005. I actually cut them up when I realized that it was going to be impossible for me to keep up with them.

I've thought about filing bankruptcy, but I'm afraid that they will take my house, and our vehicles.

I received a settlement a few years ago ( before the credit card debt) because of a health problem. I bought my truck, and my house with this money.

After I bought the house, I got offers for credit cards.

I was living with my boyfriend who had a great job in construction and was giving me $300.00 weekly, plus I was getting SSI.

I did great at keeping up with the credit card bills. Then my boyfriend broke both of his hands and couldn't work for several months.

I then had to use my SSI to pay the basics. Credit cards got pushed to the last thing.

By the time that he went back to work, I couldn't even begin to make the minimum that the credit card companies were asking. I just stopped paying them all together.

Since then, we've gotten married. At the most, I only get $95.00 in SSI. Usually, I don't get anything. His job isn't as good as what he had before, so he only gives me $180 max weekly.

I can't afford to pay the credit card bills. I can't even afford to get propane.

I called the CCCS. They told me that in order to consolidate my $15,000 credit card debt, that I'd have to be able to pay $330 monthly.

I can only afford maybe $50.00 monthly.

When I first fell behind on my credit cards, I tried to get a debt consolidation loan at the bank. They denied me because my credit was so bad. Now, with the credit card companies charging off my debt and selling it to collection agencies, my credit is even worse.

Like I said, I own my house. CCCS suggested that I try and get a line of credit on it. I can't afford to make a lump some payment at the end of it.

They won't give me a loan against it....because of my credit. Even if they did, I can't afford the $500+ monthly payment.

I own my truck. It's a 1998 with 200,000+ miles on it.

My husband has a truck it's a 1986 Ford. It's a standard and I can't drive it.


The house is deeded in both of our names...joint tenants with right of survivacy.

My truck is in my name. It's a medical necessity that I keep my truck to get myself and my daughter to our doctors appointments.

My husbands is in both our names. He needs his truck to get back and forth to work.

Is there a way that I can file bankruptcy in Missouri and still keep my house, and our vehicles?

CCCS told me that since I own my house and our vehicles that I would have a problem filing bankruptcy.

One of these CA is already taking me to court. I'm not going to miss the court date. I mailed a debt validation letter, and plan on asking the judge for the same if they don't have it by the court date.

I'm just afraid that even if I get this one case dismissed that the rest are going to follow suit too.

With my health issues, I don't need the stress.

Any input would be appreciated.


Have you talked to a lawyer? That is my first suggestion. It doesn't sound like you have much income, so CCCS won't work.

However, there is chapter 13, most folks who have a house or some assets can file 13 and be allowed to keep their property. Also there is a "means" test you have to pass with a 13, if you don't meet it then you have a better chance of only paying back pennies on the dollar and still keeping your house. Normally a 13 allows you to make payments from 36-60 months, at the end all your left over debt is discharged (meaning you don't have to pay anymore)

You really should contact a few lawyers in your area that know BK law, then go from there.

Good Luck, Reny


Submitted by lmale on Wed, 12/31/2008 - 06:12

lmale

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