QUESTION

What can I do if I’m in debt? How?

Asked on Apr 23rd, 2015 on Bankruptcy - California
More details to this question:
I have been unemployed for almost a year and a half because of the awful economy. I always had good credit before but now I am drowning in debt which is making me so stressed out and depressed. With my health insurance and all of my credit card debt I really don’t know what I’m going to do. I don’t really have any assets or real estate. What should I do?
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11 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Call a bankruptcy attorney and get all your debts discharged.
Answered on Apr 30th, 2015 at 3:08 PM

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I wouldn't worry about it. You are judgment proof right now. Even if creditors sue you and get a judgment, they can not collect on the judgment (you have no wages to garnish, and no real estate to place a lien on). When you find work, file a Chapter 7 and get a fresh start.
Answered on Apr 29th, 2015 at 12:41 PM

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Real Estate Attorney serving Florence, KY at Linda S. Novakov & Associates, PLLC
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Seek out a competent attorney in your area and discuss whether or not filing a chapter 7 bankruptcy would be in your best interest. Then you will be able to start fresh.
Answered on Apr 28th, 2015 at 9:44 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Generally, I advise people in your situation to wait until you have a good prospect of a job. Then to file Chapter 7. If you file before you're likely to have an income, you'll continue piling up debts and the new debts after the filing won't be included.
Answered on Apr 27th, 2015 at 9:19 AM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Consider a bankruptcy. Your reasons are why we have bankruptcy.
Answered on Apr 27th, 2015 at 7:33 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Most people chose to do nothing until they have some income and/or assets to protect, at which point they consider credit counseling or bankruptcy. Frankly, when people tell me they are ?drowning in debt what they mean varies so widely that this explanation is virtually useless in trying to advise them. They could mean less than $10,000 in debt or over $100,000 in debt. Bankruptcy can be a good choice when the debt is at least $25,000, even though bankruptcy law doesn't specify a minimum amount of debt. Since bankruptcy is an option that is realistically available to you once every 8 years, you ought to make sure you get bang for your bankruptcy buck.
Answered on Apr 27th, 2015 at 7:12 AM

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No lawyer who has not met with you can advise you in detail on what you should do. You may be 'judgment proof,' i.e. not have anything which a creditor could take from you. If that were the case, and you were not feeling distressed by so many creditor calls, you could just ignore them. However, you are stressed by your creditors, so a bankruptcy may be a very good solution for you. Please consult an experienced bankruptcy lawyer who can review all the relevant facts with you and help you make the best decision. Regrettably, there are costs connected with a bankruptcy: a court filing fee, and a legal fee at least.
Answered on Apr 27th, 2015 at 6:59 AM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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I can certainly empathize with your situation, been there myself. Truly been there and in addition to credit card debt I had and still do student loans in the six digits. I think the focus needs to be not on what once was or how you got here but how to move forward. Rest assured you are not alone. You need to get an income stream, getting a pay check if you have been unemployed for a while can be a big pick me up even if the job is not the ideal at least you have something and can work towards getting something better. I say this should be the focus because if you have no income, no assets, what will the creditors get? If you have nothing, they get nothing. They can and will probably sue because it's the only way for them to get a judgment and try to recover monies through involuntary means like wage garnishments, bank levy, recording liens on real property. But if you have none of those things nothing will be lost. You can tell them you have nothing but either they don't believe you or think that even if that's true maybe you'll get something later and we will get a piece of that. There is no law that says you have to make this much little money to qualify for chapter 7 bankruptcy just as there is no law that says you have to have a particular amount of debt. There is a law however that states if your income is above the median income (this number varies by household size and is published regularly when the numbers change) here is a link to current numbers http://www.justice.gov/ust/eo/bapcpa/20090315/meanstesting.htm you must pass something called a means test to qualify for chapter 7 discharge, although if you don't qualify for chapter 7 discharged based on the means test you can do a chapter 13, which is a type of repayment plan. So I would not worry about filing chapter 7 later, when other aspects of your life have stabilized, UNLESS you think that you will be making income well above the median and have problems with the means test. Note that just because you have income above the median doesn't mean you can't file BK, it just means that whether you can get a chapter 7 type bankruptcy discharge depends on whether you pass the Means Test. Means test, generally speaking, takes the average GROSS income (before taxes) over the previous 6 calendar months and deducts from that number certain expenses considered reasonable and necessary. Many bankruptcy attorneys offer free consults even you're not in a position to file right now or you are simply considering your options. Sometimes just going to talk to someone like this can be very helpful. We deal with this stuff all day, we're not judgmental, we get it, at least the good and caring ones do. Some people are so anxious and depressed by the fact that they can't pay their debts that they THINK that they are stuck and can't make positive progress in their lives unless and until the debt is discharged in bankruptcy. Of course this is in their mind and not having any income presents many challenges besides having to come up with legal fees to have an attorney represent you. You are not required to hire an attorney, you are allowed to represent yourself but hiring an attorney can be money well spent, especially if you are the type of person to worry a lot, have trouble concentrating and filling out 60+ pages of forms with all kinds of details about your finances, or just are too psychologically frozen to put in the time to figure out all the steps. A lawyer can take the stress away by guiding you through the process one step at a time so it's not so overwhelming. Some people believe they can't move forward until they get this behind them, but it doesn't have to be that way. You can't pay your debts, well then you can't pay. Thousands of people file for bankruptcy protection each year and many famous and very successful people have had to file bankruptcy at some point in their lives and apparently they did move on quite well. It's nothing to be ashame
Answered on Apr 24th, 2015 at 12:53 AM

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Bankruptcy Attorney serving Buford, GA at Kenneth A. Parker, PC
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Please call a Bankruptcy Attorney to discuss your situation. Most Bankruptcy Attorneys will give you a free consultation.
Answered on Apr 23rd, 2015 at 8:50 PM

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If you haven't income or assets it may be a good time to erase your debt and start over with BK. Consult an attorney.
Answered on Apr 23rd, 2015 at 8:43 PM

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Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
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It sounds like you are in exactly the situation for which the Bankruptcy Code was enacted and should explore what relief a case under the Bankruptcy Code would give you. You need to know which Chapter you qualify for and is advisable for you.
Answered on Apr 23rd, 2015 at 8:35 PM

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