Kris..you need to contact a local bankruptcy attorney and find out exactly what you qualify for based on your income and amount in your household. Most will see you free the first time. If you qualify for a chapter 7 and you keep the home loan and auto loan current you are able to ';re-affirm'; on the loans, meaning you keep them and continue to pay per the norm. If you don't qualify for a chapter 7 and only qualify for a chapter 13, you would make payment thru the US Bankruptcy Court Trustees and payments are taken out of a paycheck, similar to a garnishment, but it's voluntary and called a wage order. In a 13, the plans run from 3 to 5 years, based on the amount of income, but an attorney will be able to tell you what is best for your situation. In a chapter 13, the secured debts are paid first, the un secured paid last. In the chapter 7 you would wipe out all the debt, but continue to pay on the home and auto if you have the loans current at the time of your creditors meeting. The bankruptcy filing will give you a ';fresh start';, but, it takes hard work and discipline to regain your credit history. Loans will be harder in the future as well as interest rates higher. Bankruptcy filings should be the last resort and you can find more information at these websites: www.bcsalliance.com www.totalbankruptcy.com and www.usbankruptcy.gov Loads of information for debts, credit and bankruptcy. There is life after filing for the bnakruptcy. It all depends on how you treat it after you have done so. Good Luck! I filed last year, discharged in Feb 08, already have one credit card, pay on time and more each month, financed a new Harley Davidson with my husband, and pay all my bills on time and re-establishing already.
In addition: A bk filing is on your credit report for 10 years, the debts for 7 years.
Your welcome...email me if you have questions (I don't mind helping at all).....best answer would work too! ;)I need advice from people who have or are going through a bankruptcy.?
I would seriously try reading Dave Ramsey's book. Bankrupcty would wreck your credit for a long time, and that's how our country got into this financial mess in the first place. It's just a matter of increasing your income, reducing your expenses to bare-bones, and living frugally.
I am filing for bankruptcy next week in court in the UK, and have been on the rollercoaster for almost 6 years until it finally crashed.
Our laws are different, since MBNA twisted your Presidents arm about changing bankruptcy laws a number of years ago and if I still had a house, I would indeed lose it, regardless of if it had any equity in it or not.
You may lose your car, if you don't keep up repayments (though you'd know that), and if you can't prove you need it for work.
Seek out the help of Citizens Advice.
You probably haven't been irresponsible with money, but are just another statistic, and of course a victim of what has probably been the biggest banking scandal ever.
I wish you luck.
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