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