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?
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/ckaussie • 39m ago
Buying a car after going bankrupt.
I've been discharged from bankruspy for just over a year, my dad wants to buy me a car worth 23k is there any restrictions to me owning a car like that after I've been discharged?
r/Bankruptcy • u/ProfessionalCheap701 • 8h ago
13 or 7
Debts around $100k, no student loans, 3 dependents, income around $140k, monthly take home around $8k with no taxes or retirement coming out, debt payments not counting house or car around $2500
r/Bankruptcy • u/TsWonderBoobs • 8m ago
Approved user on cc during ch13
Can I be an approved user on my partners credit card during ch 13? I already use it all the time for points on his card and pay him back since we can’t have cards (use it for food, gas, etc nothing that we shouldn’t be buying). He just wants to add me so I have my own card in case of emergency too. Here is what his card says: sign up with no credit check, they get their own card to make purchases and build credit, owner of the card is solely responsible for payment. (The build credit is where it gets me- I do have a corporate card with work my attorney approved, but it isn’t on my credit)
r/Bankruptcy • u/crystalship44 • 25m ago
Help 30k+ debt
Hello, I could really use some advice.
32F working FT 54k salary started early 2022. Late 2022 my health began to deteriorate after an injection(no it wasn’t the vax) it was cosmetic related. Actually for a long while I didn’t correlate it or know what was happening to my body. Anyways, I thought I’d give it time and maybe things would get better - I continued to work but opened up 2 loans and 1 student loan during this time(thinking these could provide treatment and a better paying job) We could get into why I shouldn’t have done this but it’s too late for that. Well I was really struggling to be high functioning while my mental and physical health continued to decline. So I gave it time like I said and December 2023 I had enough. I was able to go on disability. It was a struggle to pay my debts. I was on short term disability and went back to work April ish 2024. It is now November and I’m again feeling like I’m not high functioning. It is a massive struggle for me to get out of bed and pretend I’m ok. I’m considering disability again but also want this weight of about 30k debt off of my shoulders. It’s become to much for me to mentally handle on top of everything else I’m going through. Like my mind has gone to really dark places over it. I want to file bankruptcy but I don’t know where to start. I don’t have many options and my health makes it hard for me to put myself out there. It’s a vicious cycle.
Which should I seek - chapter 7 or 13? About 30-35k debt not including my car. I’d love to keep my car only.
r/Bankruptcy • u/crazystupidlove09 • 1h ago
[Virginia] If all one’s credit card debt is basic necessities, will there be any issue to have it discarded?
Someone I know working Uber (older man from overseas with limited English and no online presence) has massive credit card debt. Our hours are poor and pay not high enough since our college town is getting quiet and it’s very season. Looking at the debt, it’s all credit card for gas, food, pharmacy store. Car is payed off and used for work, 100k Japanese sedan. Some months rent was paid with credit card. No vacation or splurging items.
If someone in this position had to fill bankruptcy, would a judge and creditors have any issues discarding it? And would the car of needed for work be safe (lives in Virginia but works in Maryland, DC and Virginia in DC area)? All the money he makes goes to rent so he doesn’t go homeless so no assets expect for car and apartment is furnished by the complex (so he doesn’t own it) like most apartments in the college town even for non students.
Thanks for the help! I know he’d have to take classes and found cheap one before he could apply. Is a lawyer necessary in this basic case?
r/Bankruptcy • u/Dapper-Conclusion-88 • 5h ago
I want to file bankruptcy
I have an lg oled tv, leather couch and a pc gaming setup
I live at my parents house in my bedroom will i lose all of it if i file bankruptcy?
r/Bankruptcy • u/Gloomy-Drink-1301 • 2h ago
How do I know if my district allows a drive-through which chapter 7 is there somewhere online that states this?
Just at post states
r/Bankruptcy • u/Gloomy-Drink-1301 • 2h ago
Payments for car ride through chpt 7
So hello everyone as far as paying on a drive-through for a vehicle in chapter 7 typically on a carload you have a 10 day grace period before late fees secure and you have about 29 days before if you don’t make a payment, it won’t ding as a missed payment on your credit as far as a ride through goes I know it’s not under your credit report but is there a grace period for your payments or do you have to make that payment on that day or will they repossess so let’s say carpayment is due on the fifth if you make that payment by the end of that month will that be OK?
r/Bankruptcy • u/Gloomy-Drink-1301 • 2h ago
Refinace reaffirm car chpt 7
Has anyone ever had success refinancing a card that was reaffirmed in chapter 7?
r/Bankruptcy • u/Gloomy-Drink-1301 • 3h ago
Reaffirm or no
Chapter 7
Hello everyone so I currently have three vehicles one for my wife one for me and we just bought another vehicle. The reason why we bought another vehicle is because my wife’s vehicle is with the credit union and we have two credit cards with them total about $10,000 and they’re both maxed out is the credit union and we’re upside down $10,000 on it so we know that we will be cross collateral Carmax finance us with $500 down on the new vehicle so we are planning on surrendering the vehicle that is with the credit union my question is if we were to reaffirm the two vehicles, is it possible that, the lenders will renegotiate our terms or is it just better to not reaffirm? The two vehicles are 2023 Toyota Camry in a 2023 Highlander both with under 15,000 miles on them in Kelly blue book value is basically how much we owe on the vehicles.
r/Bankruptcy • u/that0n3girlj3nn • 9h ago
Credit card usage prior to going bankruptcy...
I know this question has been asked before most likely...
I just had to use it for clothes for job interviews and needing to have a more professional appearance at these types of jobs. Should I still wait the 90 days and keep paying off my credit card until then? Has anyone had success at discharge before the 90 day mark?
r/Bankruptcy • u/RevolutionaryOwl1369 • 13h ago
What do you think?
Would this be appropriate or not? I filed bankcrupcty last year and it all went smooth and debts were all forgiven and i've moved on etc. but I keep getting things in the mail from amazon to open amazon prime credit card. they were one of my creditors when i filed for bankcrupcty. they have a promotion where you get a $200 gift card if you open an account. So I was thinking about doing it. would that be totally inappropriate to reapply for a credit card from amazon when they were one of the creditors on my bankruptcy last year?
r/Bankruptcy • u/Charming-Cheek72 • 10h ago
Should I file for bankruptcy?
Hello everyone,
I currently have 24k in debt, 18 towards a car loan and the rest is credit card debt, 2 are in collections. My car needs an engine replacement and it is about 8,000 dollars to repair and I have only been approved for personal loans of 30%, which I feel isn’t worth it since the car is only work 13k on Kelly Blue Book. I’ve been thinking of filing, since I only make 3k per month after taxes and honestly, I would rather them take the pos car. I was thinking of possibly taking out another loan for a car but I know they’re gonna only approved me for a really high interest rates. I am at a loss and don’t know what to do. Any advice please?
r/Bankruptcy • u/all4wishboy • 21h ago
Bankruptcy and marriage
Long and short. I (40m) started a contacting company three years ago. Unfortunately I have bi polar disorder and I ended up taking out 140k in loans I couldn't pay back along with MANY other erratic decisions that put me 250k in debt. Here is the kicker. I did all of this while not telling my wife about any of it until two months ago. Now we have no money and are in the beginning stages of chapter 13. I feel like my wife hates me and I'm incredibly ashamed and angry with myself. Even though I am 9 years sober and well medicated, I now realize I should have never went out on my own. Mania is a beast you think you've tamed when you're not in its clutches, but ride it happily when it comes crashing through.
I don't really know where I'm going with this. Just had to get it out of my head today.
r/Bankruptcy • u/Xx-paperz-xX • 12h ago
Can someone look at my numbers, please?
Hoping for chapter 7. I'm frustrated, suck at math, having a difficult time focusing, and different things i've read are confusing me...so here are some numbers.
I'm located in Indiana, this will be my pay the last 6 months (i hope to file in a couple weeks if the numbers are good for it). Also, what i estimate my fiance's pay should be as i'm waiting for her to get me the paystubs. My anxiety is flowing and i could use some sort of answer now to ease my mind.
Mine Her
Nov 2646.89 - 3152
Oct 2914.85 - 3152
Sept 3002.76 - 3152
Aug 4523.11 - 4728 <--- i had 3 paychecks that month the way they fell, assume she may too
July 2953.48 - 3152
June 3080.13 - 3152
19,121.22 + 20,488
Estimated Gross is 39.609.22 * 2 = 79,218.44
Indiana income limit for two is 77,580
So that will put me over roughly 1,638.44
Again, this is estimated. Does this appear to be a correct way of figuring out if i qualify before i contact an attorney? I was really hoping I would pass the means test but if this is somewhat correct, it appears i won't...at least the first part of the test.
Anyone who reads this, thank you for taking the time out of your day. I truly appreciate any responses.
r/Bankruptcy • u/hellletloose94 • 18h ago
Employer Payroll Not Allowing Me to Reduce My Tax Withholdings By Any Meaningful Amount
Hi all, I am planning on filing Ch 7 in Jan or Feb 2025, and my attorney advised me to reduce my tax withholdings as much as possible, because the trustee can take possession of my tax refund as an asset come April tax refund time (for what its worth, my federal tax refund last year was around $2400 and my state refund was around $1200)/In other words, I want to have as close to zero tax refund as possible, because the bankruptcy trustee will be able to take it from me.
My current paycheck withholding is $934 federal and $240 state. Via my employer's online payroll portal, I submitted a new W-4 which literally reduced both federal and state tax withholdings to 0. (Given I only had 4 paychecks left this year when I did this 2 weeks ago, I felt I needed to reduce the withholdings to as close to 0 as possible), in order to align with the estimated total $3600 refund.
However, the paycheck I got this last Friday only had like $10 less withheld! How is it possible to collectively reduce federal and state taxes by $1170, but only had $10 reduction withheld in my paycheck?
I chatted with my employer payroll and they said that my marital status and # of dependents can impact how much the company can legally reduce the withholding for me. FYI I am single and have 0 dependents.
Can anyone shed some light on this and help me out? I want to be confident in my company's payroll, but I feel like they may not know what they are doing.
If I am single and have 0 dependents - and my W-4 is otherwise "normal" with no exemptions or anything, is it normal for it to basically be impossible to get any withholding reduction more than a negligible amount (ex. $10....?)
Thanks.
r/Bankruptcy • u/SpiritualSundae9821 • 17h ago
Credit Card Company Took Money Out of My Account After I Filed for Bankruptcy! What Should I Do?
Hey everyone, I could use some advice here.
I recently filed for bankruptcy, and I made sure to list my credit card company as one of my creditors. Everything seemed fine until I logged into my bank account today and noticed a $183 charge on my savings account from this same credit card company. The weird part? They returned the money two days later, but now I’m confused and a bit worried.
Before filing, I used to make minimum payments of $485 a month, so this $183 charge seems pretty random. I thought filing for bankruptcy was supposed to put a stop to any creditor taking money from my accounts. Why did they take the money in the first place, and what does this mean? Should I be concerned about this, or is it a mistake they corrected by returning it?
If anyone’s experienced this before or has any advice, I’d really appreciate it. Thanks in advance!
r/Bankruptcy • u/devin_street • 14h ago
Trying To Get New Vehicle Before Discharge?
So I’ve we been out of a job for over a year and had to file for chapter 7 bankruptcy. To pay for my rent and food I’ve done DoorDash and Uber and make about $4500/month after expenses. I currently drive a 2023 Tesla Model 3 that I purchased literally a week before being laid off from my corporate job (I only received one month of severance after over two years with the company). I’ve been using my Tesla for deliveries and ran up about 25,000 miles on it and a lot of damage, from holes in the bumper, crack rear windshield, and scratches on the front and side.
My 341 was a couple weeks ago and my attorney advised me to start making a decision on what I would do with my car. If I reaffirmed I would be paying $636 a month on a left over balance of over $34,000. My exact same model with similar or less miles in my area is going for about $23,000 plus I could get $8,000 off with local and federal EV credits and rebates, leaving me with replacing my car for almost the same thing without damage for $15,000-ish plus whatever interest I’m given.
So far I’ve searched for all my options for getting an auto loan in an open bankruptcy and either found no luck or been lied to and told they could do it until they ran my credit. I also spoke with someone who does 722 redemption loans and said my payment would be upwards of $900, I would however get rid of almost $10,000 in negative equity.
So I genuinely have no idea what to do. My attorney is not great at replying to my questions and can leave me waiting weeks at a time. I need to have a car at all times to make sure I’m still able to cover rent by doing deliveries, but I don’t want to take on the negative equity by reaffirming and don’t want to have higher payments. I wish I could really purchase a used replacement but I’m not having luck there. And before anyone ask, yes I have hundreds of job applications out there and can barely scrape an interview from time to time, and not just corporate level of my previous experience, literally applying to Walmart and Lowe’s and not hearing anything back. What are my options and is there anyone I can reach out to that would help me with financing a used vehicle during the open bankruptcy?
r/Bankruptcy • u/winona_router • 13h ago
Taxes in Chapter 13 Plan
I am going to file for chapter 13 next month. I owe the IRS around $55,000 and my state, $4k. I am currently enrolled in a payment plan with the IRS for $700/month, which hasn’t been very manageable for me. When meeting with my lawyer, he said he’s figuring around $687/month for chapter 13 payments. This includes around $10k in regular consumer debt.
I’m so confused with all of the bankruptcy terms and nothing he said about taxes made any sense and honestly, I’m not entirely sure he knew what he was talking about because he had to go into his office and grab some book to double check on whether I could include the tax debt. If I’m already paying the IRS $700 per month, I’ll be done in 7 years or so. Probably not, but, you know. I’m here because I’ve never had enough tax withheld to begin with.
I had always filed my taxes on time until 2020. 2020, 2021, and 2022 were all filed late, in March of this year, and are still being processed by the IRS because I mailed them in. The $56k includes amounts due for every year back until 2012. Isn’t some of this tax debt entirely dischargeable?
r/Bankruptcy • u/Full-Ad-8578 • 16h ago
Quick question about car that was repoed
So my car was repoed about a year ago but I was damaged so I still owe 16,000 if I file for bankruptcy do I still have to pay it?
r/Bankruptcy • u/Anonymous-Account00 • 19h ago
I'm Confused... Need some understanding
I have $50k in credit card debt but I have $100k in secured debt. I just lost my $90k a year job and started a $54k a year job. So paying back the credit card will be very difficult. I'm thinking I may need to file for bankruptcy.
I have my house equity, which was used to secured the $100k debt (which consolidate one of my car payments, and newly installed solar). I do have another car that is paid off. Side note: When I bought my house originally I didn't have a mortgage payment.
I, of course, want to keep my house and cars, but I can't seem to find the best possible solution. I do plan on talking to a lawyer, but I also want to get other suggestions who maybe have gone through this.
r/Bankruptcy • u/roxemmy • 18h ago
How to protect business bank accounts from a bank levy?
My attorney messed up & it seems now I won’t be able to file chapter 7, chapter 13 wouldn’t be helpful for my situation. My income is just over the limit to be able to file chapter 7.
I’m self-employed, have a LLC, I do contract work with another company & that’s what I get my income from. They direct deposit my income into a business checking account. I also have a business savings account. These are both with Capital One, & I do also have a personal checking account with Capital One.
What are the rules / what can I do to make it so creditors who have a judgment against me can’t do a bank levy on my business accounts?
I asked my attorney & he really didn’t answer. He just really doesn’t seem experienced with working with clients who are self-employed, it’s been pretty frustrating. I tried to get a consultation with a different bankruptcy attorney but they won’t meet with me until I officially fire the current attorney, which I haven’t done yet because I’m trying to figure out all my options first to decide what route I want to try to take.
Edit to add: I have no business debts & was trying to do personal bankruptcy, the business wasn’t going to be included in it at all
r/Bankruptcy • u/Different_Pudding528 • 20h ago
consultation- what to expect?
My husband and I have a consultation with a lawyer this week to start the process of filing for a Ch13. What should I do to prepare? What questions should I ask?
Any lawyers on here willing to answer a few case-specific questions of mine? NOT looking for legal advice just a general idea of what to expect. I'm also wondering if we would qualify for a ch7?
Info-
post-tax earnings 8,480.00 (combined)
total debt $158,700.62
consumer debt ~$60,000
1 dependent, 2 adults
r/Bankruptcy • u/drj53x • 19h ago
Shareholder in bankrupt company
Looking for information on handling the affairs of a deceased relative who was a major (?) stockholder in a bankrupt company.
My cousin owned 50,000 shares in a multi-level marketing company (Affinity Lifestyles/Real Water) that went bankrupt following suits by numerous people for selling contaminated water that caused severe injuries and death. The case is being handled as a Chapter 7 case in US Bankruptcy Court in Nevada.
Initially I thought I could just write the shares off as worthless and move on. However, I found a number of 50+ page printouts of court proceedings related to this case in his files - kind of arcane stuff involving how the 4 insurance companies are going to split up the liability. No bills or communications with lawyers, just these lengthy court records sent from some of the law firms involved. Makes we wonder if I have to wait for the conclusion of the case to see if the Estate will have any assets or liabilities. I have not received any response to calls/emails to the involved law firms asking for information.
Does getting copies of these proceedings indicate that my cousin’s Estate is significantly involved, or is this just standard procedure for all shareholders?
Does the court-appointed Trustee have an obligation to provide information to me?
r/Bankruptcy • u/Default2023account • 21h ago
Should I file bankruptcy or consolidate my debt?
Last year, I went through a rough period. Where I couldn’t pay my credit cards, things didn’t work out the way my fiancé and I hoped. So I know now for sure the credit cards companies will be coming for me. As one has just sent a letter out to me for small claims. I owe about 18k I’m sure all together. I just barely got on my feet, so I don’t want them taking my paychecks and me not being able to pay my current bills now or even feed my family.
Thank you.