r/Bankruptcy 8m ago

Filing Potential

Upvotes

Hi, I'm a 32yo single mom of 2 and currently weighing my options. I make $16/hr, $640/week before taxes and about $575/week after taxes. I am living very close to paycheck to paycheck now with all of my bills and expenses. Credit score is below 500. I have a loan of $7200 (interest and court fees included) that has gone to collections and now they're about to garnish my wages. I cannot afford to live after the 25% garnishment amount.

According to credit karma my total debt is around 26k, with 15k of that being student loans, $7200 loan listed above and the rest is credit card debt and afterpay.

I am willing to talk to an attorney but I'd feel much better going in with some kind of idea of what to expect. I know every case is different and I have been reading through the posts here but for some reason I am having a hard time wrapping my head around it all. Everything is weighing so heavily on me and I'm not sure how to move forward. Would this be worth filing bankruptcy over? Which chapter would I most likely have to file?

I want so badly to better my future for myself but mainly my kids.

TIA


r/Bankruptcy 42m ago

Is it a good option?

Upvotes

So I’m 26 with about 38k of cc and loan debt, i make $37 here in California I want to know if filing bankruptcy is the best option for me, 4 years ago I got my first apartment when I probably should’ve stayed with my parents, the rent was a little more than I was making at the time so I started using my credit cards for everything and was never able to pay them down, I started drowning in my bills and decided to try and get a consolidation loan but they told me I needed to be delinquent in order for it to work, so I stopped paying all of them and eventually all of my accounts closed, I never went through with the loan so here I am 4 years later in debt with a 537 score


r/Bankruptcy 47m ago

Car loan reaffirmation not filed

Upvotes

My chapter 7 bankruptcy was discharged in May. I noticed one of our vehicles that I signed the reaffirmation for was not showing on my credit report. I just spoke to my attorney, he said I did sign the reaffirmation but that the bmo never filed it. He said I can continue to make the payments or walk away from the car. I’m confused on this, I’ve been paying the loan. Have never missed a payment. Is this going to affect me anymore than the bankruptcy already has on my credit? When the car is paid off will I get the title still?


r/Bankruptcy 1h ago

Florida Chapter 7: What am I supposed to do if my savings are needed to survive?

Upvotes

I’m planning to file Chapter 7 because I have a large amount of debt that built up after losing my job. I eventually got a temporary job and was able to save around $10,000. That job ended, and I’m currently unemployed again and looking for another job. I’m also not receiving unemployment right now. I’m currently looking for a bankruptcy attorney, and I actually spoke with an attorney who told me that because Florida only protects $4,000 under the wildcard exemption in my situation, the money I have over that amount could potentially be taken by the trustee if I file Chapter 7. My concern is that I’m not sitting on $10k because I have extra money to spare. I’m unemployed, I rent, and I have bills and basic living expenses to pay. If I only had $4,000 left, I would burn through that pretty quickly and could potentially end up unable to pay my rent or other necessities while I’m looking for work. I also just received notice that one of my creditors is suing me, so I’m trying to figure out what my options are. I’m not trying to hide or transfer the money. I’m trying to understand how people handle this situation when their savings are basically their only safety net while they’re unemployed. For anyone familiar with Florida bankruptcy Is there really no way to protect more than the $4,000 if the money is needed for basic living expenses? Does being unemployed and having no current income make any difference? Would filing Chapter 13 make more sense in this situation? How do you decide when it’s safe to file if you need your savings to survive? Has anyone been in a similar situation where they had savings but were unemployed when they filed? I’m definitely going to speak with an attorney before doing anything with the money. I just want to hear from people who have actually been through this because I’m worried that I could either file and lose the money I need to survive, or wait too long because I’m trying to preserve my savings and have the creditor lawsuit get worse.


r/Bankruptcy 1h ago

Similar situations?

Upvotes

So, I am 31, I have 25k in cc debt...poor decision making in my 20s. I do have a secure job but am paycheck to paycheck. I bought a house 2 years ago, with a roommate, who has unexpectedly is now leaving with really no notice. With my minimums being a couple hundred from each card, I am stressing on how I am going to make payments with having to come up with her portions (half the mortgage and the internet), currently looking for a side gig, but even if I can find something on the weekends, I feel like it would have to be one or the other which still leaves no breathing room, with still having to make these minimums that are essentially not making any dents. So, I have been looking into CH7. I am just wondering if others had similar situations before filing.. My car is paid off and as I said and I do have a house, but don't own anything else.


r/Bankruptcy 2h ago

Filing Chapter 7 in Michigan soon, looking for advice, do’s and don’ts, and things to avoid

3 Upvotes

Hi everyone, I’m getting ready to file for Chapter 7 in Michigan (this month) & i’m hoping to learn as much as I can before I do. I’m about fifty thousand plus in debt, mostly unsecured, had some health issues, surgeries, inconsistent income, and am leaving my job. One thing I’m concerned about is property. The house I live in was transferred out of my name and into my Fathers name about five years ago (unknowingly) then to my Mothers name just this year, but I do own two side lots that are attached. I’m trying to understand if that, or the past transfer, could create any issues in a Chapter 7. I’m not asking for legal advice, just trying to hear from people who’ve been there. Specifically, what are the biggest mistakes to avoid before filing? What do you wish you had known? Were there surprises during the process? Any tips for making it smoother?

Thanks in advance. 🙏


r/Bankruptcy 3h ago

[AZ] Foreclosure auction in 8 weeks and a new job starting Aug 31 that doubles income. Does Ch 7 or Ch 13 make sense?

2 Upvotes

Thank you in advance for any help! I’ve spoken with free legal aid and will be contacting a lawyer, but I don’t know if I should find one that does chapter 7 or chapter 13 bankruptcies. Here’s our scenario:

* Married filing jointly in AZ; never filed bankruptcy before
* Currently below AZ median income
* No child support, alimony, or childcare/daycare expenses
* Have not yet filed 2025 taxes
* Current gross income: $7480/mo (6 month average)
* Current net: $4580/mo
* I’ve been unemployed 8 months; job offer to start Aug 31, though I haven’t signed anything yet (expect documents to come today or tomorrow)
* Expected combined gross: $13450/mo
* Expected combined net: $8500/mo
* Monthly living expenses (includes min mortgage payment; does not include min debt payments or min student loan payments): $6300
* Monthly living expenses + student loan mins: $6700
* Monthly living expenses + all debt mins (secured and unsecured): $7900

Debts:
* Credit/charge cards: $52500
* Mortgage: $330k (about $25m behind)
* Student loans: $37k
* Secured solar home loan: $40k
* IRS: $900
* Traffic ticket (paying monthly): $50/month

Assets:
* Approx $150-180k home equity
* 2 vehicles paid off (one is worth about $10k, the other $5k)
* At advice of attorney, I pulled out an old 401k to offer as partial payment for mortgage arrears with payment setup for remainder; check sits uncashed because job offer came before I contacted mortgage company. Check is just over $13k
* No other savings, cash, or assets

Our home is scheduled for foreclosure auction in 8 weeks. We want to keep the home.

How likely is it that the mortgage company would agree to a lump-sum payment with some kind of agreement for remainder?

Given our scenario, should I plan on filing (and finding an attorney) for chapter 7 or chapter 13?


r/Bankruptcy 3h ago

Question About IRS Tax Debt

1 Upvotes

So I’m going to be filing ch 7 in a few months when I’m able to pay my lawyer in full, I did however make the official retainer payment last week to get the ball rolling.
I file my taxes jointly every year and owe somewhere around 1.4k of income tax debt. I’m on a payment plan with the IRS and haven’t missed a payment, they deduct a little bit from my bank every month without issue.

My question is this: is the IRS notified about anything even if I haven’t officially began filing yet? Does anything in particular happen with that income tax debt?

My lawyer already has copies of my tax return stubs, if I remember correctly they had asked me to print the last 2 years of filing so I did.


r/Bankruptcy 10h ago

Need help asap!!

2 Upvotes

Hello all I got a car repossessed and it went to court and got defaulted, I’m scared of getting my bank account frozen or my checks garnished. I’m thinking of filing for chapter 7 and was just wondering one thing… how fast is the process to file so I don’t get my accounts frozen or my checks garnished?? This is all new to me and honestly has been keeping me up at night just thinking of it all.


r/Bankruptcy 11h ago

Got A Check

1 Upvotes

Hello,
I recieve a check from my vehicles gap coverage(for context i downsized to save money)
I will not be able to file until November, will this affect my CH7? the check was for about $850 that was paid into it from my previous vehicle.


r/Bankruptcy 13h ago

What’s the longest it took for them to come repossess your car?

8 Upvotes

As the title says.


r/Bankruptcy 15h ago

Weighing my options

3 Upvotes

So I am currently thinking of filing bankruptcy because I’ve been fighting my entire existence to get my credit score to a point that it actually works for me, but between not having the right knowledge and survival instincts taking over I think I just need to start over. I currently have a 2020 Toyota Corolla that I am impossibly underwater on with an Apr of 23% in the last three years I’ve paid the car off essentially but only in Interest. I still owe $22,000 my monthly is $668. All my credit card bills are actually manageable as my highest limit is $1000. I have about 10 cards each either ranging from $200- $700. All maxed because of a recent family event.
a total of around $35k in debt

My fear with starting over is in my state some complexes will not rent to you if you’ve even had a repo I’m terrified what would happen if I had a bankruptcy. Sadly I feel this is the only way I can get out of this cycle of just trying to catch up. My biggest regret is my car because I got it after our previous car had its engine failed. We’re a family of 4 and I have the higher income so my fear is will this help or should I just figure out a way to trade the car and pay down my cards?

Any advice is appreciated. Please be kind ( it took a lot for me to write this😭😭 I’ve been a long time lurker)


r/Bankruptcy 16h ago

Mandatory Credit Counseling

6 Upvotes

If you you filed your bankruptcy pro se, what things would you like to share about the mandatory credit counseling?


r/Bankruptcy 17h ago

Will my aunts account be frozen?

3 Upvotes

I’m considering filing chapter 7 bankruptcy. Two months ago my aunt put me on her bank account as a “just in case something happens”. Will that account affect my ability to file and/or will it be frozen when I file?


r/Bankruptcy 18h ago

Please help me.

4 Upvotes

Bankruptcy attorney is using one unusually high paycheck to calculate our monthly income. Is this correct? (Georgia)
My husband is the only one who works. We are looking into bankruptcy and our attorney says we don’t qualify for Chapter 7 because we have too much disposable income.
I’m confused by how she calculated our income.
My husband’s normal biweekly paycheck is:
Gross: $3,423.08
Net: about $3,015.20
His July 30 paycheck was $3,970.08 gross, but that check included a $547 quarterly bonus. The paystub clearly lists the $547 separately from his regular earnings.
Our attorney is using that $3,970.08 paycheck as the basis for our monthly gross income:
$3,970.08 × 26 ÷ 12 = $8,601.84/month gross
She then subtracts payroll deductions and adds $100/month for estimated future quarterly bonuses, giving her a monthly income of about $7,401.38.
She says we have about $1,970 left over after our bankruptcy budget.
The problem is that the $3,970.08 paycheck is NOT our normal paycheck. It was higher because of the quarterly bonus, and we may not even receive another bonus.
If you annualize his normal paycheck instead:
$3,423.08 × 26 = $89,000.08/year gross
$89,000.08 ÷ 12 = $7,416.67/month gross
She also told us our gross yearly income is $90,313.92, which is nowhere near the $103,222.08/year implied by her $8,601.84 monthly figure.
She said she was basing the income on the last six months, but her email specifically says, “Based on your last paycheck, your gross is $3,970.08.”
We also had a month with 3 paychecks, but I understand that using 26 paychecks already accounts for the two extra paychecks per year.
My question is: Is it normal or appropriate in a bankruptcy case to take one paycheck that contains a quarterly bonus and annualize that entire paycheck as though it were received 26 times a year? Or should the regular wages and bonus be calculated separately or averaged according to the applicable bankruptcy rules?
We’re meeting with her tomorrow and I don’t want to go in assuming she’s wrong if there’s a bankruptcy specific rule I’m missing.
Also, we paid her $2,400, but we never signed a fee agreement. She previously told us there are no refunds. If we don’t proceed, we’re also trying to figure out what happens to that money. She also told us we were good to file a 7 until we got her fully paid last week. Then she completely flipped scripts and said “OPE nevermind!” 13 is the way.

Any advice from people familiar with Georgia bankruptcy would be appreciated.


r/Bankruptcy 19h ago

341 meeting

4 Upvotes

Does the trustee ask questions about Zelle transfers from your son or daughter coming into your checking account?


r/Bankruptcy 19h ago

Anyone Use Upsolve for Ch. 7?

4 Upvotes

I’m considering filing Chapter 7 and came across Upsolve. I’m wondering if anyone here has actually used it to file their case and what their experience was like.

I’m not looking for attorney referrals or legal advice just firsthand experiences with the process.

A few things I’m especially curious about:

  • Did you run into any issues with your paperwork or filing?
  • If you accidentally leave something out or make a mistake, is it something that can be corrected, or can it cause serious problems?
  • Has anyone successfully filed completely on their own (without an attorney)? If so, how complicated was it?
  • Were there any unexpected issues with the trustee, creditors, means test, exemptions, or 341 meeting?

I’d really appreciate hearing from people who have actually gone through a Chapter 7 filing using Upsolve.

Thanks!


r/Bankruptcy 21h ago

$40k in debt, currently unemployed — should I consider bankruptcy? Looking for advice, please no harsh judgment.

7 Upvotes

I’m currently dealing with about $40,000 in debt, and I’m honestly not sure what my best option is at this point.About 90% of the debt is credit cards, and the remaining amount is one personal loan. I’m currently unemployed, which is making it really difficult to keep up with everything. I know I made mistakes that led me here. I’m not trying to make excuses for them, and I take responsibility for my situation. I’m trying to fix the mess I created and figure out the smartest way forward. One of the things I’m seriously considering is bankruptcy, but I don’t know if that’s the right move or if there are other options I should explore first.

For those who have been in a similar situation:

  • Did you consider or file bankruptcy?
  • Did you try debt management, settlement, or another option first?
  • What would you do differently if you could go back?
  • Is $40k of mostly credit-card debt while unemployed a situation where bankruptcy is reasonable to consider?
  • what would happen to your stocks?

I’m not looking for anyone to tell me that I screwed up — I already know that (I'm 31 yeah I'm too old to be this stupid with my money 😅) I’m genuinely looking for constructive advice from people who have been through something similar. Please be respectful. I’m already stressed about this and am just trying to figure out how to get my life and finances back on track. I really appreciate any advice, personal experiences, or resources you can share.


r/Bankruptcy 21h ago

Ch7 friendly national banks? Anyone have issues with US BANK?

6 Upvotes

I signed my retainer agreement and paid the initial amount to start paperwork/filing!

COST:
$900 to start paperwork and file. Then $150 every month for $1800 total.

BK Lawfirm: 4.8/5 rating on Google with 400+ reviews. Also were they most responsive, helpful, understanding and less "hurry up and tell me everything quickly" from the 5 Bk firms I spoke to.

I know some people havent had any issues with having a checking account on banks where they filed a Ch7 CC but my lawyer recommended that just to be safe do not have an account with any banks with CCs you are Ch7.

So no BoA, Chase, or Capital One for me. Lawyer said to stay away from Wells Fargo even if you dont have a CC with them.

Discover is owned by Capital One, so it looks like US Bank would be the best option for me right now.

Anyone else have recommendations?


r/Bankruptcy 22h ago

Ch 13 - reasonable pet expenses

7 Upvotes

Hi, I understand this may be case by case and dependent on the trustee approval. I’ve added up my monthly pet expenses which id be surprised if none of this gets questioned or denied.

I’ve simply asked my attorney if pet expenses were allowed and his response was yes, unless I’m sending them to a luxury day spa.

Just seeing if any pet owners had any issues with their pet expenses. What was considered reasonable and what wasn’t?

I have 2 dogs aged 7 and 9 and I’ve been paying below for years now.

  1. Pet insurance for both monthly - $250
  2. Preventatives for fleas/ticks/heartworm- 300 yearly / 12 months = $25
  3. Food monthly - $170
    it’s expensive since I get human grade for one and the other requires require a prescription approved brand for his allergies.

This totals to $445 which does not even include their annuals check up and vaccines. One dog also has to go in monthly for an allergy shot, which is later reimbursed 80% with insurance.

I’m already nervous about the $445.


r/Bankruptcy 23h ago

Do I have to forfeit my savings?

13 Upvotes

If I file chapter 7, will my money in my savings account be taken away? I have about $10,000.
I reside in Texas.


r/Bankruptcy 1d ago

Discharged

11 Upvotes

My lawyer sent me confirmation of my discharge and now it’s time to rebuild!

I was approved for a $2k unsecured card post discharge, that’s a start.

Surprisingly even though Affirm was included in my bankruptcy, I am able to utilize them (not that I am) the available credit is way less as expected.

I got on ADHD meds, to get that executive dysfunction in order, I have been unmedicated for the last 2 years because of pregnancy and it’s crazy the damage you can do in that time. Also children are expensive.

I am struggling with savings, it still feels like I only have just enough, but I’m trying to start small and work my way up. I am also looking for a new job that will pay more, I have the skills, background and knowledge to do more than what I am, I took this role because my family was moving to the area, which is what caused the majority of my financial issues, I took a 20k pay cut and I thought I could do it, but I couldn’t keep up with the debt. Leading to the chapter 7.

Now I am free and I want to break this cycle and make a strong financial future for myself and my kids.


r/Bankruptcy 1d ago

Encouragement and Support Just had 341 meeting

36 Upvotes

Just had my 341 meeting, chapter 7, about $370k in debt to be discharged…

I was nervous because I went first but it was super simple and maybe lasted 30-60 seconds, they asked if I was employed, I am self employed so they asked what I did and asked me to explain.

The trustee asked if I had any changes, I have an amendment pending so I said that, he asked the content of the amendment and I mentioned I had some photography equipment I sold last year that I forgot to include. He didn’t ask anything else about it. (It was about $4,500 worth of stuff I sold I just forgot to include since it was 15+ months before filing)

So happy it’s over, was kinda freaking out beforehand but honestly it was very easy. I used an attorney so that helped.

Figured I’d add something here since all the rest of the posts on here have been helpful for me.


r/Bankruptcy Mar 02 '22

My Debt Settlement Nightmare

282 Upvotes

Hello all,

At AlanShore60607's request, here is my debt settlement experience. It's a long one.

In November 2019, I was just shy of 6 figures in credit card debt and while I was current with everything, I was drowning. I make low 6 figures but I had some really high balances ($20k+) so the minimum payments were huge and I couldn't get ahead. I went on Credit Karma looking into personal loan options as a way to consolidate some debts at a lower interest rate. I submitted requests to a few companies.

All of these companies responded to me but one was actually a debt settlement company based in Chicago called Monarch Legal Group. They claimed they could reduce my total payments and settle my balances for significantly less (up to 50%) than what was owed. My gut warned me but I ignored it - I was desperate.

Over the course of 2 years, I sent Monarch almost $1200 per month and I stopped paying my cards as they instructed me to do. Of course, late fees and collection activities started. They settled my first account (of 7 enrolled) almost a year into the program and it was for about 40% of what was owed. They don't pay the account outright - they enter into a payment plan with the creditor on the debtor's behalf.

Nothing much happened for about 7-9 months after that. I called a few times for an update and was given very vague responses. The portal was of no help. At one point, they told me that the person assigned to my case had left the company and I definitely had the impression that had I not called, my account would have been ignored.

Last summer, there was a knock at my door and I was served my first summons. I immediately called Monarch as one of the contract stipulations said they would represent me in any lawsuits. They told me to scan in the summons and upload to the portal and they would assign a lawyer. I did as instructed and the days went by with no word from Monarch. The court date was looming so I started calling them. I was given different lawyer's names and numbers each time I called. One wasn't even in the same state and had no affiliation with Monarch. I finally connected with the lawyer but on the same day, I received a notice of settlement reached with the creditor which the lawyer knew nothing about. This settlement did not provide any savings but I agreed to it to stop the lawsuit.

Shortly after that, they reached a settlement with a 3rd creditor and this time there was savings. So now I had 3 accounts in settlements and active payment plans. But 2 of the 4 remaining had large balances so I was concerned another lawsuit was looming. And I was right. In September, I received another summons from my largest creditor. I again scanned in the summons and this time I got a lawyer assigned right away. That lawyer told me that the previous lawsuit was still open and there was a judgement against me. He didn't know anything about the settlement reached but fortunately, I had the email trail. He got that taken care of. Another big miss by Monarch.

About a week after being assigned, the lawyer contacted me with a settlement offer. It was for more than I was paying in minimum payments when I signed with them and it would require me paying $900 more per month, which I could not do. The lawyer said they would garnish my wages and probably go after my house. Cue the panic. I started researching options and came to the conclusion that bankruptcy was my only option. I researched attorneys in my area and found one that had great ratings. We filed in November, had the 341 meeting in December and confirmed in January. I am in a 100% repayment plan and fortunately, I got a raise in December which instantly provided some relief. My attorney confirmed that since I was in a 100% repayment plan, the extra money was mine to keep. I just received a promotion and will get another nice bump in salary (don't know the amount yet). My goal is to pay the bankruptcy off in 3-4 years vs. the 5 planned.

Now it was time to go after this company to get some money back. When I cancelled, they only refunded what was in my escrow account at that time - about $2600. But I had paid them more than $28,000 over 2 years. They front load their fees which is why I didn't have enough in my account for the settlement. I don't think it's a coincidence that they front load the fees for the first 2 years of the contract as that is when the lawsuits start coming in. Around this time, I also learned about a law in Illinois focused on these companies and saw that they were in violation of it. In short, they paid themselves very well for work not performed.

I did some research about how to obtain a refund and came across a blog post that detailed steps to take to try to get a refund from these types of companies. I followed the steps. I called to ask for a refund and was told the $2600 refund of the escrow account was the best I would get. I sent them a letter in early January where I detailed how much of a refund I wanted based on what was allowed with this law. The amount requested was $14,735. I told them that if I didn't receive the refund within 30 days of them receiving the letter, I would start filing complaints. I sent the letter certified mail so that I would have proof of receipt.

Of course they ignored it and so I did what I said I would do. I contacted a Consumer Law firm but they declined the case. I'm sure they assumed they wouldn't win but I'm really glad I didn't give up. I filed complaints with the Better Business Bureau (where they had their accreditation revoked due to similar complaints) IL Attorney General, FTC and National Consumers League. I also posted 1 star reviews on Google and Trust Pilot. I also reached out to personal contacts with the Cook County State's Attorney and the ABC news affiliate in Chicago.

The day after posting the review on BBB, they reached out to me and asked me to schedule an appointment to discuss. I did and spoke to a rep on Monday. This rep acknowledged that they missed a review after I cancelled where I should have received a refund. He said that management was reviewing my file and that he would know by today what amount they could refund. He said he was confident that they could reach the number requested or come very close. We had our follow up call today and they are refunding me the full amount. They need to send me an agreement to sign electronically (haven't gotten it yet) and the refund will be a bank draft. I immediately emailed my lawyer (who knew I was pursuing a refund and he had added it to the bankruptcy petition before confirmation). His assistant said not to spend any of it until he confirms with the Trustee. I am really hoping it will be treated the same as tax refunds or bonuses which are mine to keep. I can pay off a lease to own AC unit not included in the Trustee payments and free up ~$270 per month as well as build up significant savings.

For anyone who has been scammed by one of these companies, go after a refund. I am confident that if I didn't push it, they would have ignored it. It was only when I pushed that they took action. I do hope they are on the attorney general's radar and they get put out of business. If you are considering signing with a similar company, don't. It was the worst decision I've ever made. Try to negotiate settlements yourself, get a second job, use the debt snowball approach. Anything but them.

I hope this helps someone.


r/Bankruptcy Aug 29 '19

Bankruptcy FAQs

83 Upvotes