A.S. asks from McKinney, TX on January 20, 2009
Bankruptcy
Hi there,
have any of you moms ever filed chapter 7 bankruptcy? If so do the trustee's or any creditors get to come into your home and take what they want to repay your debts? TIA for your help!
2 moms found this helpful
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K.C. answers from Dallas on January 21, 2009
I googled this for you. Just a brief breakdown of bankruptcies.
http://www.upbankruptcy.com/Types%20of%20Bankruptcy.htm
2 moms found this helpful
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K.C. answers from Dallas on January 21, 2009
I googled this for you. Just a brief breakdown of bankruptcies.
http://www.upbankruptcy.com/Types%20of%20Bankruptcy.htm
2 moms found this helpful
A.M. answers from Dallas on January 21, 2009
If you haven't filed yet, I suggest you tune in Dave Ramsey's radio show on KLIF, 570am 1-4pm weekdays. He also has a website, www.daveramsey.com. You can send him an email and ask questions. He is someone with lots of experience with finances, debt and bankrupcy- his own and in helping others in these areas. He has nothing to gain whether you decide to file or not so ask him before you go to a bankrupcy attorney. I often hear him help people form a plan that doesn't even use the bankrupcy option to get out of debt. Some debts aren't even bankruptable, like federal student loans for example. You also still have to pay for your debt in bankrupcy. Good luck. A.
1 mom found this helpful
K.A. answers from Dallas on January 21, 2009
When you file bankruptcy, a stay goes into effect, so no one can just come and get your stuff and no collection efforts can be made. Your best bet is to meet with a good bankruptcy attorney and discuss your options. Filing a chapter 7 got a little bit harder after the bankruptcy reform act was passed, but it is still feasible. I don't know all the specifics, but there are certain income/debt requirements you have to meet in order to file a 7. Call a bankruptcy attorney that offers a free consultation and decide from there.
1 mom found this helpful
D.K. answers from Dallas on January 21, 2009
Call Jim Ince at ###-###-####. He is a bankruptcy attorney and will give you a free consultation. He will explain everything to you. He is a good Christian family man and will be very kind. You are under no obligation to carry through, but you can't make the decision without information.
Good luck.
D. Kimbriel
Grandma to 2 beautiful boys
S.S. answers from Wichita Falls on January 21, 2009
I filed Ch 7 several years ago. No one came to my home to take what they wanted. The only thing you can lose is property that SECURES a loan you can not pay back. I.E. Your car, The riding lawn mower you bought last year on the Sears card (if the Sears card is something included in the CH7). The trustee can also seize any non exempt property - such as a car that doesn't have a dedicated driver (each adult gets one car alloted), over 10K in jewelry or furs, a second home.
You really need to talk to a bk lawyer, though - they're well worth the $2500 it will cost for the filing. They can also tell you the difference in 7 and 13.
Good luck
S.
G.A. answers from Dallas on January 21, 2009
My attorney asked me to list all I have and I was afraid to tell him because I thought a;; of it I would have to give up. Then he told me things not on the list they could take. In court they said something to me that I understood that they will be coming for my things. I was so scared. I lived in fear for weeks and nothing happened. They took nothing. Laws have changed since I filed but you can keep your house and car. I have tons of stuff. Kept it all. It is not like living in a million dollar house with boats. So do not worry about it. They will not take it. G. W
S.K. answers from Dallas on January 25, 2009
Hi, A.!
My husband and I filed years ago in CA and I know the laws have changed, so I can't really make any recommendations as far as what does and doesn't happen now. I can tell you that you should contact an attorney and a wonderful one who specializes in BK is Michael P. O'Donnell in Fort Worth. His office # is ###-###-#### and his website is mpolawfirm.com. He's been specializing in bankruptcy for years and is very good at what he does. Please don't hesitate to let him know that S. recommended him. If you'd like more information, please feel free to contact me. Hang in there! It's NOT the end of the world. If it'll relieve stress and give you a fresh start, then it's the right move.
K.R. answers from Dallas on January 22, 2009
Please do yourself a huge favor and find an attorney. I am a financial planner and I have known many families who have gone through bankruptcy. Not knowing your rights will only allow the unscrupulous creditors to take advantage of your situation. You can go through this process a lot more comfortably with the proper guidance. I wish your family the best during difficult times.
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