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chapter 13 or fly solo

Submitted by on Mon, 03/02/2009 - 15:58
Posts: 202330
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I'm interested in advice from anybody that's had experience w/chapter 13, or knows alot about it. Sorry if lengthy. I'll paint scenario then ask question last. Wife & I have talked w/Lawyer considering filing chapter 13. Most of 'My' debt is in good standing. Most our debt is fom my wifes past C.Cards along with taking 2nd mortgage cpl yrs ago to consolidate... didn't work. With my credit being in good standing but most of my debts coming due this week I'm concerned that the lawyer we talked to said not to pay anymore of our debts, saying he will take care of the creditors and contact them within a month if we file. I'm concerned about what this will do to my existing good credit as my wife & I aren't even sure if we want to file so it seems ludicrous that we would be told not to pay on any more of our debts. The lawyer's operating on the logic that we're going w/chapter 13 even though we told him that's contingent on what the bottom line payout would be each month to his firm after they contact all our creditors. We've been told that w/chapter 13 we will have to itemize our spending regularly and report it and any extra money will be made to go to the debt thru the law firm we filed with. And that we might as well not plan on being able to save any $ of our own for ourselves as a family (we also have 3 small children) for the 5yr period of this process... that any extra $ they can find that we put into savings or get thru work as a bonus.. etc they will take and put towards our debt. Problem I have w/that is I can do that myself. I've always been good at distributing my own $ properly between savings & taking care of my debts. However I understand that even though the mojority of our out of control debt is my wifes I also understand that as her spouse we're together in this and I want to support her and do whats best for our family. I'm good with my debt but don't make enough to bail my wife out and make all her debt probs go away. I'm against the chapter 13 & would rather tough it out then relinquish control of our $ fo the next 5years to the firm that wants us to file. Can anyone tell me what would be the real pros & cons of chapter 13. The onforseens that no-one knows about till 'after' they file.
Thanks for time & response