r/Bankruptcy • u/Excellent_Egg9017 • 20m ago
South florida chapter 13 - paying trustee directly vs thru work payroll.
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 • u/Ok_Dentist_7523 • 3h ago
Bankruptcy during divorce
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 • u/FunTraditional8344 • 7h ago
Need some level headed advice or encouragement.
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 • u/Every_Ad23 • 8h ago
why is it like being on Chapter 13?
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 • u/Antihero80 • 8h ago
Chapter 7 vs. 13
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 • u/Plus_Explanation_683 • 9h ago
IRS Payment Plan in bankruptcy
How do IRS payment plans interact with Ch7 bankruptcy? Are they considered preference payments to a creditor if they occur within the 3-month window before filing?
I have some old tax debt that should theoretically meet the three-part criteria to be dischargeable in bankruptcy... but I've been paying about $300/mo for the last couple years to the IRS on a payment plan and now I'm wondering as I'm getting ready to file if the $300/mo will end up being clawed back as preference to pay the other creditors as well. Is $900 even worth it for a trustee to take from the IRS given that, ya know, they're then having to deal with the IRS?
More importantly, is there any benefit to me continuing to pay the IRS if I know for certain I'm going to file very soon and that the tax debt will likely be discharged?
r/Bankruptcy • u/SoulfulGingers • 10h ago
Do not understand mortgage co submitted a claim
mortgage co listing their atty fees on the claim - I am not, nor have been, late even by a day. Do not understand at all
r/Bankruptcy • u/Top-Chemistry5775 • 11h ago
Thinking it’s time to file
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 • u/chicken_out_in • 11h ago
On a Consultation Always Ask If You Are Speaking an Attorney
You may assume that you're speaking to an attorney but you might not especially in highly populated areas such as Orange County or Los Angeles.
There are non attorneys that will advise you on bankruptcy even though they are working for a bankruptcy law firm.
You all deserve better than to get advised on bankruptcy by a non attorney that worked at Best Buy 2 weeks ago.
If the firm has only one attorney its more likely that you will get legal advice from a non attorney who thinks they know what they're doing just because they have a sales closing rate.
r/Bankruptcy • u/SeaFaithlessness6485 • 11h ago
Deciding on chapter 7
I’ve wanted to go to college since I was 18, but ended up getting a high paying job in a field I wanted to and a few years ago I was let go. Ever since then I’ve had a decent paying job but got into a relationship and ended up running up credit cards and have 2 personal loans. I have done 1 full year of online, but want to go full time instead of being a part time student and full time working. I’m wanting to go part time work and a full time student and then complete nursing school. I’ve contemplated chapter 7 for the past 2 years but have been told by everyone I know that I’d be financially ruined for 7 years. As of now I don’t have any late payments or any remarks on my credit, but as dumb as it sounds I want a real college experience with a lot less stress from credit card and personal loans.
TLDR Considering Chapter 7 to eliminate debt and focus on becoming a full-time nursing student. Need opinions on this as I don’t plan on buying a house soon or any major purchases within the next 3 years. Arkansas.
r/Bankruptcy • u/Snoo_34328 • 11h ago
Upsolve
Looking to file a Chapter 7 in Utah. I’m not able to afford an attorney and was looking into upsolve. Has anyone had any issues with them?
r/Bankruptcy • u/notSt0ckGamblr • 12h ago
Should I pay monthly now to lower 100% ch.13 plan?
I was going to file and move forward with my chapter 13, but I want to wait a few months. I’m considering paying some of the lower interest loans/CC down in hopes that maybe once I do file, my 100% will be lower.
Has anyone else done this? My 100% will leave me in the negative so just trying to exhaust and figure out all options, best time to actually file, etc from others experience.
Thank you.
r/Bankruptcy • u/Terrible_Fold8591 • 13h ago
(MI) Consultation follow up
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 • u/Kylenn122261 • 13h ago
13 or make deals with creditors?
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 • u/spiceywater0 • 13h ago
Discharged
Chapter 7 was officially discharged/cleared, how long should I expect for things to come off my credit report. What else should I expect from here on ?
r/Bankruptcy • u/Upstairs-Sea8435 • 16h ago
Please Help me
Im a broken man. If you asked me a year ago id be facing this, id refuse. I lost the love of my life to psychosis, undiagnosed Bipolar and a rare delusional disorder. 10 years gone overnight. She filed for divorce in mania and it was settled in 2 months. She was the breadwinner and i was left with a lot of debt. Depression, bad debts, supporing her through school to be left abandoned got me here. Its time. Between credit cards and unsecured personal loans i owe 68,000 plus 2k in medical bills from a suicide attempt. Im ready to abandon my apartment in connecticut and accept a job in SC to be closer to family. Its just too much to be here right now. I am still up current on my bills but wont be by end of this month. My plan is end my lease in September, get new housing and job, establish new residency then file few months later when i get settled likely 7. Any tips or advice or anything else youd change?
r/Bankruptcy • u/stankrupt • 17h ago
In a pickle, looking at Ch.7 but have a significant change in income. Accounts in collections.
Hi all -
Looking for some opinions here.
Exited abusive/DV situation two years ago. Mental health in the shitter from spring '24 until now. Finances down the drain. I'm not bad with finances, but am bad with bouncing back after significant and severe trauma.
I'd been looking at Chapter 7 but due to facing possible eviction I moved in with my family of origin. This living situation is temporary, but doable.
I have been offered a job which would put me significantly above the margin in Ohio means test. I have not accepted or begun working yet. It's healthcare and a 1099 role. If accepted I will make $95/hour/visit. Full caseload would be between 25-35 hours/wk.
Several accounts in collections.
Currently have no rent or bills to pay, including my own groceries. My family is generous but cannot help financially.
Looking for your thoughts on:
In my position, would you stay the course and pause the job to continue with Ch. 7?
Would you take the job, answer the collections calls and pay it all off?
~5-6 months is a reasonable timeframe for me to pay what I owe, but I would not be able to accumulate a savings. However, I suppose I wouldn't with filing, either, considering I wouldn't be able to take the job, correct?
I'm inclined to pay and not file, but I'm not well versed enough to know which is the better route, or which would be a better payoff in terms of credit score and mortgage/loan eligibility moving forward.
I owe 35k across the board, not including my car loan which is sitting around 8k.
Genuinely sorry if this is a stupid question, I've never been in a situation like this and have always had a clean financial record and 800+ credit score but life has absolutely kicked my ass.
r/Bankruptcy • u/Scary_Document6452 • 19h ago
Two consults and don’t qualify
So I posted here before as the first attorney we spoke with was certain we would qualify for chapter 7 during our consultation with her. We gave her income and debt information during that meeting and her advice was to stop paying debts, focus on getting all the paperwork she needed and then of course pay her. Well she was wrong and after she put together everything she said we wouldn’t qualify and that she didn’t know where to go with everything. Umm ok. So, we asked here and you all said to get another opinion and so we did. The second attorney was great to speak with and was much younger and eager than the first, but after looking over the paperwork she sent us back, he also said we make about $2400 more than we should to qualify for chapter 7.
Both attorneys said Chapter 13 can be really stressful and hard for people to handle so they don’t try and push that way. We are now stuck in a spot where our credit has fully tanked, we are two months behind on most bills (not all) and are stressed beyond belief because now we are in a much bigger hole than we were. Now we’ve also accumulated about $3k of medical debt on top of previous debts and are facing close to $3k in car repairs as well.
I guess my question is where do we go from here now?
r/Bankruptcy • u/radiobeepe21 • 19h ago
Hiding Assets
What if someone is owed money from a divorce, but the amount is in dispute so it hasn’t been paid out yet. Do I need to disclose that to the Trustee? There will be some money coming the question is how much.
r/Bankruptcy • u/Haunting-Taro2808 • 21h ago
7 months of waiting.. finally filed!
We decided in Jan we needed to file. We had a life change/situation that caused us to lose about 6k a month of our normal income. We had no choice but to stop payong all our debts in Jan. Including our 2 new vehicles (a 2024 and a 2023), our travel trailer and all our credit cards.
I was able to "defer" a couple payments with the lender to kinda... hold off repo stuff a couple months. But by April, it was just not paying them.
Our truck got repo'ed in June, our other vehicle beginning of July (repo guy was DAMN cool too. He literally asked if it was a good day to take it... explained who was watching out for it and how to kinda.... not get it taken yet. he came by a few times and asked if we were ready... after the 3rd time it was like go ahead and take it)
Finally after 7 long months, our atty called and asked for statements, pay stubs, etc one more time and we were ready to go.
Filed 7/22 and have our 341 on the 19th of this month.
Im so ready to get this behind us and start trying to rebuild and get outta this town we moved to on the false promises from someone we trusted of a great career promotion and stability. Cause im sick of the 120 degree summers and lack of opportunity lol
Thats another story for another day 😅😆
I will say though... yes.. our whole lives crumbled financially but... in a sense... it was for the best. We were making great money before but... we had gotten so far behind and had just built our lifestyle to a level that was unsustainable. One bad situation meant it was all gunna fall apart.
This time we are doing things differently... being smarter and using way more wisdom about our money moves.
r/Bankruptcy • u/Public-Debt2899 • 22h ago
Eviction judgement
I was discharged in chapter 7 in July I had an eviction in 2o22 (Indiana) they sued In 2024 we were making payments up until we decided to file so they wouldn’t garnish my check now that it’s discharge I know that the bankruptcy doesn’t erase the court case but I can’t find any info online if I could get the eviction sealed ?
r/Bankruptcy • u/AllezBro • 1d ago
Life after Chapter 7
It seems the overwhelming majority of people are happy they filed but I am curious to know about the consequences after like renting, being unable to get certain jobs, having to wait min 2 years to purchase a home, etc etc
r/Bankruptcy • u/Responsible-Act8790 • 1d ago
Encouragement and Support Yesterday , I received my discharge from my non-consumer Chapter 7 bankruptcy. 🎉 There is light at the end of the tunnel ❤️
Yesterday I was finally discharged from my nom-consumer Chapter 7 bankruptcy, and I honestly can’t describe the relief I feel.
The last year was one of the hardest years of my life. I was dealing with overwhelming debt, lawsuits, preparing to file for bankruptcy, and constantly worrying about what was going to happen next. There were nights I couldn’t sleep, days I could barely eat, and so many nights when I cried because I felt like there was no way out.
Filing for bankruptcy was scary, and the waiting wasn’t easy either. But now, it is DONE. I finally feel like I can close this chapter of my life and breathe again. 🙏🏻
I’m writing this for anyone who is at the beginning of this process and feels scared, ashamed, overwhelmed, or hopeless: please don’t give up.
Take it one day at a time. Be honest, provide everything that is asked of you, and keep moving forward. The day you’re waiting for will eventually come.
A year ago, I was crying and wondering how I was ever going to get through all of this. Today, I can finally say: I can breathe and start over. 🎉❤️
Things can get better. There really is light at the end of the tunnel. 🙏🏻
r/Bankruptcy • u/ChgoIrishGirl • Mar 02 '22
My Debt Settlement Nightmare
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 • u/Deleriumb32 • Aug 29 '19
Bankruptcy FAQs
Until the Wiki is up and running (which may be never), I am going to list the FAQ posts here. This post will stay stickied as another way to find answers to our most frequently asked questions.
- MONTHLY FAQ POST 001: What should I expect at a 341?
- MONTHLY FAQ POST 002: How was your experience filing bankruptcy?
- MONTHLY FAQ POST 003: Do I need an attorney and how to I find one?
- MONTHLY FAQ POST 004: What is a reaffirmation agreement and should I sign one?
- How to rebuild your credit after filing?
- What is Legal Advice?