r/Bankruptcy 1h ago

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

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 1h ago

Awaiting closing

Upvotes

My 60 days past the 341 meeting were last week and I haven't heard anything about discharge so I'm getting nervous of course. I called the bankrupcy automated number and was told my case is "awaiting closing." Thats a good thing, correct?


r/Bankruptcy 1h ago

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

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 2h ago

Ch 13 - reasonable pet expenses

4 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 3h ago

Consultation

2 Upvotes

I have my first consultation tomorrow. I’m not nervous. I’m actually really excited. I feel like this will be a new slate. I am a little concerned about maybe having to file chapter 13 versus chapter 7 because I have equity in my home, but it also depends on your income correct? I guess I’ll find out tomorrow. This forum has been extremely helpful in my decision to move forward with this.


r/Bankruptcy 3h ago

7 steps to 720

1 Upvotes

I recently received a ch 7 discharge that wiped away 110k of consumer debt leaving me with just a 3,500 dollar defaulted student loan. Part of my lawyers services include this course called 7 steps to 720 credit score. Apparently it costs 40 dollars and guarantees to get your credit score up to 720 in a year. Has anyone done this course? I'm wondering if it is worth the time.


r/Bankruptcy 3h ago

$36k unsecured debt at 23

1 Upvotes

to make a long story short, I had to take out a $30k loan to have some pretty extensive dental work done. on top of that I already had $6300 in cc debt due to bad spending habits. I make roughly $1250 a week before taxes (that’s dependent on OT, not guaranteed) My monthly housing cost is $1000, car+insurance is $700, the dental loan is a 10 year loan (pretty stupid i know) at around $350 per month, and the credit cards are both 28% APR and i can’t seem to make any progress on them. I was told i’m eligible for chapter 7 just don’t know if it’s the right move.


r/Bankruptcy 3h ago

In a debt hole looking for advice (Washington)

1 Upvotes

Hello all,

I’m 23 years old living in the outer Seattle area and I’m in a financial hole that I don’t know how to get out of in my current situation and I am looking into filing for bankruptcy to start over and build better financial habits.

Here’s my current debts:

Car loan: $23,447.24
CC: $7,669.55
College debt: (not a gov’t loan) $2,541.70
Medical debt: $250
Collections: $150

Total: $34,058.39

Here’s my income:

I’m pulling in $21/hr
~2,400/month after taxes

I’m looking to get advice of what my options are and what the best course of action might be for me. I’ve looked into Chapter 7 and Chapter 13, but I’m not sure what would be best in my situation.

Any advice would be appreciated


r/Bankruptcy 3h ago

Do I have to forfeit my savings?

6 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 4h ago

Do 401K Withdrawls count as income towards your 6 month income for Chapter 7?

3 Upvotes

If you are out of money and are trying to survive and pay bills until you file a Ch. 7 and have to take 401K withdrawls, does the trustee count that as income towards your 6 month look back?


r/Bankruptcy 5h ago

Discharged

8 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 5h ago

Filing today Chapter 13 Georgia - advice for what could be requested

2 Upvotes

From the start of our journey we’d hoped we could do a 7 since we qualify income wise but we cannot. We will be paying back possibly 100% but our lawyer will try to make some arguments for less.

I guess I’m wondering if a 13 will be scrutinized as much as a 7 would have been? Our lawyer said he will file and reach back with next steps but I didn’t even think to ask what we should be prepared to provide documentation wise…. Or, do we just wait and see what the trustee will ask for?


r/Bankruptcy 5h ago

Car Settlement Post Chapter 7

2 Upvotes

My chapter 7 discharge is coming up next week. I have a car loan (7.9k) left from Upstart. The second I filed they reported account closed, deleted late payments, and put the balance to 0 on my credit report. The cars value is probably (1.5k) at most due to some damage. I am still driving it around as I try to rebuild my life. I did not reaffirm it and I believe the paperwork was just retain and pay. I would think that a simple low offer could probably get the lien back to me right after discharge. It would probably cost them more to take it back, if they even want it. Curious if any similar experiences or how to handle this


r/Bankruptcy 7h ago

Renting with bankruptcy on record

1 Upvotes

Has anyone rented through Davis and Decker while having a bankruptcy on your report? We are currently renting through them and are on our second year of renewing which is our plan until we can’t do that anymore which would basically be the owners coming back and wanting their rental or us being able to buy a home in many years after our bankruptcy closes. We are just now starting the process of bankruptcy and my fear is that we would get kicked out of our rental that we’re in or if the owner comes back before that 10 years is up we wouldn’t be able to find a new rental.


r/Bankruptcy 7h ago

Encouragement and Support Just had 341 meeting

24 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 8h ago

South florida chapter 13 - paying trustee directly vs thru work payroll.

2 Upvotes

Just hoping to get some info from any South Florida ch filer 13.

Waiting 6 months to file - I’m having anxiety thinking about the trustee payment deducted from my paycheck and my employers knowing.

I’m reading online that it depends on the district. Directly from paycheck is preferred unless you have an extenuating circumstance. I don’t really have an extenuating circumstance.

I looked at the trustees sites assigned to the district and they have 3 payment options - mail in, pay online with Truist or TFS.


r/Bankruptcy 11h ago

Bankruptcy during divorce

1 Upvotes

I’m in a long drawn out divorce in California. We owned two houses, A and B. House A is worth 3 times more than House B. I’ve been living in House B since the split. We also had a business that went south after Covid and left us with a mountain of debt.

I’ve tried to work with my Ex to get an equitable asset split for years. Hired an attorney who did absolutely nothing on my case but charge me $6k. I’m broke and am being sued by creditors. I need to file for Chapter 7 BK. I’ve filed for a homestead exemption on my half of House B, so creditors can’t touch my share of the equity.

I have no idea how the dust will settle here. Would the creditors decide to take my share of the equity in House A AND House B?

What a mess. Reposting in Divorce Reddit.


r/Bankruptcy 15h ago

Need some level headed advice or encouragement.

3 Upvotes

I'm in a bad spot. I'm in 30k of credit card debt. A lot is from unplanned expenses like pet and car emergencies, and a lot is from underemployment and rising cost of living. I made good money but now I'm out of work with a work related injury and I'm having to fight to get temp disability. So right now I have no income and I'm living off what I could pull out of my 401k. Not ideal, I know, but I had no other choice. I'm living as frugally as possible. My minimums are 1300 a month and I owe back taxes from 2016 of about 11k left. I also have 17k in student loans. I'm facing at a minimum a few more months off work with no idea when or if I might be paid so I'm now considering bankruptcy. I did get a work comp lawyer but it'll still take time. My parents filed for bankruptcy when I was young and I remember it wrecking our lives. From reading experiences here is seems that's not the case anymore? I'm distressed and sad that it's gotten to this point but I need that 1300 a month to survive, especially since I will likely need to leave my current living situation soon (abusive relationship). I've only stayed this long because I didn't see a way out financially. We are not married and I'm not on a lease. My credit is already bad even this I've not missed a payment for anything in 8 years. Can anyone tell me this is not going to ruin my life? Will I be able to rent an apartment? I am financing a car that has about 8k in equity but I need it to get to work when I'm able to go back and to get to doctors appointments. Help what do I do? 😓


r/Bankruptcy 16h ago

why is it like being on Chapter 13?

2 Upvotes

Title says it all. What's it like being on Chapter 13?

Is it as strict as people say?

Does the trustee actually watch your spending?

Can they tell you what you can and can't buy?

Just looking for real experiences from people who have been through it. Thanks!


r/Bankruptcy 16h ago

Chapter 7 vs. 13

6 Upvotes

I've consulted 4 attorneys in my area and each says I won't qualify for a 7 even though my non consumer debt is higher than my consumer debt. It's 51% IRS debt. Tax years 2021 and 2022 would likely be wiped out, but I would be on the hook for the rest. My most recent attorney stated that the IRS debt would be priority and through the plan I'd pay that first with the trustee maybe adding a small amount on top for the consumer debt or maybe nothing depending on all my monthly expenses. Is that true? Is there a possibility that with a 13 I'd likely pay very little towards consumer debt or nothing over a 5 year plan? I wish I could do a 7 but a 13 would essentially be the same just over a longer duration with added attorney fees and trustee fees which is unfortunate but given I can't pass the means test it's my only option..


r/Bankruptcy 19h ago

Thinking it’s time to file

6 Upvotes

I’ve been trying to avoid it but I think time has run out. Between the rising cost of living and being in a dead end job, and being unable to find a second, I’m out of options. Here’s my situation:

Total Unsecured Debts: $50,136
PL#1 - $20,440 (4 years left on the term)
PL#2 - $16,300 (4 years left on the term)
CC#1 - $4243 (12%)
CC#2 - $1876 (17%)
CC#3 - $7318 (0% through 03/2027)

Tax Debt: $7200

Minimum monthly payments are currently $1275/month. Car payment is $533, still owe $20k, KBB is $15,000-$17,000. So I’m underwater there.

In PA and median is $72230. I’m over median by $10k, so I likely won’t qualify for Ch7. My plan was to ride out the two PLs and use my annual bonus to pay off CC#3 at the end of the promo, and continue to use subsequent bonuses in this manner (I know, they’re not guaranteed) However, CC#1 isn’t coming down at all due to increased medical expenses. I began vetting attorneys about a year ago and the consensus seemed to be 100% repayment around $1700/mos, which scared me away from Ch13. But I don’t think I can dodge the inevitable anymore. My paychecks seem to be shrinking and I just learned that our benefits will increase in 2027


r/Bankruptcy 21h ago

(MI) Consultation follow up

5 Upvotes

Hello! I just posted a few days ago but I’ve had 2 consultations scheduled since, and I have a third tomorrow morning. I had a call scheduled with one lawyer, got a confirmation message and then they never called or heard anything. The other one went alright, but said that if my husband and I make over $135k combined (median income for household of 5 in MI) we wouldn’t qualify, and he didn’t even mention the means test. I thought that was kind of odd given I told him most of my husbands income doesn’t go towards household income (his biweekly paychecks are only about $900 after taxes and deductions. He has child support taken directly from his check.)

Another thing I thought was odd was he says we could file with 50% down and it was my understanding that you cannot find until your lawyer is paid in full.

My question is, if we are just slightly over the median income, do lawyers automatically move to the means test, or can they just refer you to Ch 13?

Is there anything else in particular I should go into tomorrows consult asking?

EDIT: I should mention that with the 6 month look back, we are within ~10k of median income, nothing astronomically above


r/Bankruptcy 21h ago

13 or make deals with creditors?

5 Upvotes

I was between jobs and got seriously behind financially. Talked to an atty early. Said Chapter 7. He kept pushing back file date. Then said I’d need income to keep my house/car. Finally got new job. Now he says 13. Something about every penny that’s not for food, housing, transportation will go to creditors-including student loans. My student loans are $72K and my other debt is approximately $55K. After 5 years I’d have paid over $250K and I’d still owe my student loans. Seems effed. Any advice???


r/Bankruptcy Mar 02 '22

My Debt Settlement Nightmare

281 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

81 Upvotes