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Just did it. Filed Chapter 13. Got it in under the wire.

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flamin lib Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 05:59 PM
Original message
Just did it. Filed Chapter 13. Got it in under the wire.
Filing isn't easy. Lotsa' research and documentation. I've been at it for 6 weeks. My Attorney said that the intent of the new law is to make it impossible to file 7 and difficult to file 13. He thinks the outcome is that those who can't get relief will simply walk away from the unsecured debt and tell the CCard companies to sit-n-spin.

A case of be careful of what you ask for . . .
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npincus Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:01 PM
Response to Original message
1. sorry to hear that you had to file, but glad you slipped in there.
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YOY Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:01 PM
Response to Original message
2. Uggghhh...Congratulations (?)
My best wishes are with you. Hopefully, I personally will not be in the same position soon.
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murray hill farm Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:04 PM
Response to Reply #2
4. Good for you!
Sorry u were in a place where u had to do it, but glad u got in under the wire...must be quite a relief.
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flamin lib Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:11 PM
Response to Reply #2
11. My attorney says that he will have a few months off after working
12-14 hour days for the last two months. After the new payment plans go into effect--4% of principal minimum instead of 2%--he anticipates a lot of people filing, new laws or not. Those who, like me, did their best to meet their responsibilities will find that they simply can't pay rent and buy food if they make the payments.
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 09:11 PM
Response to Reply #11
36. I'm a paralegal, and most
bankruptcy attorneys who represent debtors, at least the ones I know, are not going to accept any new cases after Monday; once the cases they have that were filed prior to the implementation of the new laws are all taken care of, they're going to either quit law entirely or go into another practice area.

This is because one of the most ridiculous provisions of the new draconian laws, which are really the 21st century's version of indentured servitude, requires debtor's attorneys to be legally liable for the financial information their clients list on their bankruptcy petitions. That is such bullshit in so many ways, it's hard to know where to begin. It's just another way to screw debtors, since most attorneys aren't going to assume that liability, and why should they? The really infuriating thing about it is that the law doesn't require the same thing from creditor's attorneys, not at all. And creditors lie, that's a given.
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flamin lib Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 11:11 PM
Response to Reply #36
46. Yeah, I've heard that. It will make BK even more difficult if you
can't find an attorney.
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mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:04 PM
Response to Original message
3. I filed chapter 7 about a year ago as part of my divorce....
Best financial decision I've ever made. I'm actually saving money now, for the first time in my life.
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NMDemDist2 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:04 PM
Response to Original message
5. you did 13 huh? so did I about a year ago and it's STILL not final
:banghead:

at the rate they're moving, I'll have made all my payments before they finalize the darn thing
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flamin lib Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:12 PM
Response to Reply #5
12. I'm prepared for the same thing. The courts are FULL. nt
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:06 PM
Response to Original message
6. wish i could afford to
one of America's nicer fuk yous. I'm so broke I can't afford a lawyer to declare that I'm broke.
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Mnemosyne Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 07:40 PM
Response to Reply #6
26. Isn't that sickening? I know others in the
same boat. If I lost my income, I'd be with you lickety-split. Another way to gouge anyone suffering, imo.
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Boredtodeath Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:07 PM
Response to Original message
7. Same here. Filed Chapter 7 at 3:06 PM
After today, Chapter 7 simply won't be available to anyone.

And, those recipients of the "sit and spin" message won't take that for an answer. If you work, they will garnish your wages. If you don't, you won't ever be able to GET a job.

On Monday, you can BET CC companies and unsecured creditors will become a great deal more agressive. On top of the historic bankruptcies filed this week, we'll have historic civil collection suits filed next week. The unsecured creditors will flood the civil courts with judgements and then file wage garnishments.

Life is about to get VERY ugly for middle class America. And creditors are in a win-win situation. They have NO reason not to go after a creditor with everything they can throw at him/her.

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hobbit709 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:55 PM
Response to Reply #7
23. Move to Texas
Edited on Fri Oct-14-05 06:56 PM by hobbit709
Only thing they can garnish is child support and taxes. I told the cc's what they can do. One of them threatened to sue and that I'd be liable for the money and court costs,etc, so I asked him if he's not getting A what makes him think he'll get A+B? That's when he threatened to put a lien on our house. He shut up quick when I told him the house was in my wife's name and it's not community property since she bought it before we were married. Occasionally some collection agency tries but I tell them what they say in Moscow, "Tough Shitzky" They don't bother me any more and now the same cc's are trying to get me to take one of their cards.
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Bunny Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 07:49 PM
Response to Reply #23
30. Same with PA - they can only garnish child support, taxes, and
student loans.
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Puglover Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:07 PM
Response to Original message
8. Grats I had to do 13
8 years ago after a divorce. Best financial decision Ive ever made. I now have a credit score of 710 and am doin fine.
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flamin lib Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 11:17 PM
Response to Reply #8
47. Credit score of 710 is good news. I'd hope to have my shit together
enought to boast the same a few years after it's over. My score was 810 until a week ago. I (we) paid all our debts on time in full for four years by wearing down our savings. It was only the fear of living under a bridge that brought the final decision.
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helderheid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:07 PM
Response to Original message
9. Bud Hibbs
Edited on Fri Oct-14-05 06:24 PM by helderheid
http://www.budhibbs.com/alternative.htm

My credit score is EXCELLENT because of this man.

Credit score is 780+
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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:19 PM
Response to Reply #9
15. that`s a good site
lots of info and found the insurance info i needed
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leanin_green Donating Member (823 posts) Send PM | Profile | Ignore Fri Oct-14-05 06:08 PM
Response to Original message
10. Wife and I just slipped in a Chapter 7 ourselves.
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Deja Q Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:18 PM
Response to Original message
13. My economist told me not to do it. Relatives told me not to do it either.
Edited on Fri Oct-14-05 06:21 PM by HypnoToad
So when I lose my job, I hope none of them is surprised when I do what is said in the book "Final Exit" regarding plastic bags and sleepin' pills.

It's just a write-off for the credit card companies and I'm sure * is ejaculating over his implementation of population control. Good for them.


(so let's hope I have a job for a while. :D )
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helderheid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:22 PM
Response to Reply #13
18. seriously, no need
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greygandalf Donating Member (56 posts) Send PM | Profile | Ignore Fri Oct-14-05 09:03 PM
Response to Reply #13
34. You have your own economist?
How much do they cost?
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flamin lib Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 11:22 PM
Response to Reply #13
48. Hey, Hypno, that's a bit extreme. Been close myself but came to
my senses. Save Final Exit for the final exit. There is a reason that they call it "UNSECURED CREDIT".
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tjdee Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:19 PM
Response to Original message
14. Congrats. I couldn't do that....
(my cc debt is under 10K, and student loans aren't covered, which I knew)

but that must be such an enormous relief. I'm jealous.

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Deja Q Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:20 PM
Response to Reply #14
16. My situation is near-identical...
Except the tools I bought to learn (for jobs being shipped oveseas) were paid for by credit cards.
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tjdee Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:23 PM
Response to Reply #16
20. Yup-- my credit cards went for school books and my kid's daycare.
Edited on Fri Oct-14-05 06:24 PM by tjdee
And interest. One went from $500 (what I actually spent) to $2000. Because of interest.

:(

Ahhh...if only I'd gotten some extravagant trip or a few Louis Vuitton bags out of those friggin cards. At least we're not going to jail....there's that, right?

Just hope we never have to buy a car or a house....
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OneGrassRoot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:21 PM
Response to Original message
17. Question..........I filed Chapter 7
It's in the "system"....got the notice from Bankruptcy Court in North Carolina that my court date is October 31st.

So, this deadline was simply to have the paperwork in the court system, right?
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Lone_Star_Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:23 PM
Response to Reply #17
19. So long as you filed before the deadline you're fine.
You can rest easy.
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OneGrassRoot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:25 PM
Response to Reply #19
21. whew.....thanks.....I just had a panic attack reading this.....lol n/t
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OneGrassRoot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 06:32 PM
Response to Original message
22. Another general question about bankruptcy........
My sister in PA said she's heard that when you file bankruptcy, if you don't pay your mortgage payment or car payment exactly by the due date, they can call in the whole loan. Grace periods are a norm, and I rely on them heavily.

I asked my attorney here in NC if it's true but they said while they can't guarantee it can't happen, it isn't likely.

Anyone have any knowledge of whether or not creditors who were NOT impacted by your bankruptcy deal with you more harshly?
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AnnieBW Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 09:12 PM
Response to Reply #22
37. Yes and No
Depends on your creditors. Wells Fargo jumped all over us after we missed one payment under Chapter 13, but they're evil fuckheads who deserve to burn in hell.
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KharmaTrain Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 11:53 PM
Response to Reply #22
49. Grace Period...Say Goodbye
From what I was hearing, if you default or miss a payment on one loan, that information can be shared with other creditors...who are under no obligation not only to change your rate but also not to notify you.

So if you miss a $50 on a department store charge, it can be reported to your mortgage company or auto mortgage holder and major card holder and they can hike your rate or cancel you just on that one default.

As others have said, this is a cruel new form of servitude. I've face my own bankruptcy and credit card problems and it took nearly a decade to dig completely out. And that was in far better economic times than today.

While I own credit cards, I still despise them. It's a necessary evil for my work, but I still prefer to use cash wherever I can.

Cheers...
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helderheid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 07:23 PM
Response to Original message
24. Speaking of Bud Hibbs - just saw this graphic and link on his website!!
Edited on Fri Oct-14-05 07:24 PM by helderheid


http://www.thanksalotw.com/

from his site

http://www.budhibbs.com/

Seriously, he is wonderful with credit issues. I was in real trouble after a divorce, car wreck, and my family's company that I worked for going down the tubes (within 3 months). Bud got me through. I could email him any question and he was always very quick to respond - extremely friendly and made me feel like a real person, and not racked with guilt over not being able to pay my debts.

his online book was INVALUABLE:

http://www.budhibbs.com/download_book.htm

EDITED TO ADD THIS IS ON THE THANKSALOTW.COM SITE:

Hibbs, a lifelong Republican, insists this is not a political endeavor. “This is not a Red State or Blue State issue. The dollars coming out of every wallet in America are green.”

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meisje Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 07:46 PM
Response to Reply #24
27. You sure are whoring for budhibbs.com
budhibbs.com

Did I mention budhibbs.com

Oh yeah, about budhibbs.com

Whatever, Sounds like s scam equal to or bigger than the CC companies!

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helderheid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 07:48 PM
Response to Reply #27
29. I'm not "whoreing" him. I know people are panicked right now and I am
Edited on Fri Oct-14-05 08:25 PM by helderheid
sharing my personal story. He saved me from credit hell and never charged me a DIME for the help. I read his FREE online book and emailed him for clarification on a couple things which he answered for FREE. Now my credit score is close to 800. What the hell got you in such a shitty mood? I'm only trying to offer some light at the end of a dark credit hell tunnel.
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Demonaut Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 08:12 AM
Response to Reply #29
51. hey, you have a star...at least you know your money goes to one good
cause.:-)
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helderheid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 07:34 PM
Response to Original message
25. kick
for anyone in credit hell
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Catherine Vincent Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 07:48 PM
Response to Reply #25
28. And that would be me.
Thanks. :-)
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TeeYiYi Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 09:26 PM
Response to Reply #28
39. ". . . and me too." . . .
. . . Thanks for the link helderheid . . . ya little whore. I guess it takes one to know one.:D

Personally, I appreciate any help I can get since I don't have quite enough debt to justify bankruptcy but just enough to make me miserable. My financial plan during the BFEE years has been to jump from credit card to credit card, transferring the entire amount with each offer of 0% interest for 6 to 12 months. I've been wondering what's going to happen if I get to the point where I need to file, now that the laws are changing. So, thanks again helderheid, ya little scamp.

TYY:hi:
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helderheid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 09:47 PM
Response to Reply #39
41. heeee
I guess I am feeling a bit defensive, eh? :) I think I'll get me a glass of wine. And you are so welcome for the info. If you ever want to talk about it, feel free to PM me as I have gone through it. This happened 10 years ago. I was approx 30,000 in debt with no way to pay it.

I haven't visited his site in a while so I have to say I was really happy to see he is publicly denouncing * on it (and he's a Republican).

Off for that glass ...

-The scampy whore heldy ;)
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onecent Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 08:23 PM
Response to Original message
31. kick n/t
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Neil Lisst Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 08:34 PM
Response to Original message
32. Bankruptcy is in the Constitution. What happened to ...
The pukes like to talk about worshipping the constitution in its original form, but the founding fathers were more understanding that the current crop of uberservants to international megacorps parading as neo-cons.

Bankruptcy is essential to the continued health of the country. It acts as a governor on companies who issue credit unwisely, and it lets the air out of excessive consumer debt.

Most importantly, did you know that over half of current bankruptcies are caused by medical bills that cannot be paid? Our rightwingers in Congress have made it so that you cannot discharge some debt you owe your doctor, but he can discharge your negligence lawsuit against him for taking your good kidney and leaving you the bad one, or such.

This new bankruptcy law is bad news. It will harness struggling Americans and keep them tied to the yoke of old debt. Anyone who thinks this law is going to do anything good has simply got their head jammed too far up their own ass to understand how our economy works and doesn't work. Plowing under old consumer debt is like burning off the remnants of last year's crops, so that a fertile field will arise for next year's plantings.

http://www.webcomicsnation.com/neillisst
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SharonRB Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 08:38 PM
Response to Original message
33. We did a Chapter 13 many years ago, back in the 80s
It was the best thing we ever did. Once it was all over, we've been doing fine and have a great credit rating. Good luck to you.
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AnnieBW Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 09:16 PM
Response to Reply #33
38. Heck, Yeah!
I was shocked when we went to buy our new car this past weekend. I'm 6 months out of Chapter 13, thanks to refinancing our house and getting out from under the Wells Fargo bastards. Not only were we able to get more car than we thought that we could afford, they told us that our credit sailed right through! Of course, it helps that we haven't accrued any new debt since, and what we did have to pay on the one credit card that we had got paid off right away. (Vet bills for when idiot cat broke his hip.)
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SharonRB Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 09:27 PM
Response to Reply #38
40. Six months out and that good already is great
I think it may have taken a little longer than that, but it was so nice after a few years when we didn't have to state that we had filed bankruptcy in the last whatever number of years they ask for. We had one credit card with Citibank that every few years for a while would send us a letter, but they were SOL since they hadn't filed for payment when we first filed. I kept sending them copies of the discharge and they finally gave up.
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 09:06 PM
Response to Original message
35. They may not be able to just walk away and tell
the bloodsucking vulture credit-card companies to fuck off anymore. The creditors can take everything you have, no matter how meager, can find out where you're working and garnish your wages without your consent, etc., etc. It's just not that simple.
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shanti Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 09:56 PM
Response to Original message
42. sit and spin, huh?
what about garnishing wages (assuming you HAVE a job)? don't they still have that option?
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Jacobin Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 10:08 PM
Response to Reply #42
44. depends on state law
florida and texas have no wage garnishment. I think some other states too
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graywarrior Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 10:04 PM
Response to Original message
43. Same here. Filed last week.
Hated to do it, but feel a sense of relief. Got my creditor meeting set up for November.
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helderheid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 11:04 PM
Response to Original message
45. kick
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kineneb Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 01:39 AM
Response to Original message
50. talked to my "future" attorney
we are going to file after the deadline, since the rule changes really won't affect us much. We are below 200% of the poverty line, and nowhere near the median income. Through a series of bad circumstances (loss of job at WorldCom, health failure, etc.) we are in the situation of barely having enough to pay regular bills. A relative has been helping us by paying on our credit card bills until we can file for chapter 7 bankruptcy.

Now that Hubby has been declared disabled, we can probably keep the house and maybe the car. We have no other real assets since we qualify for CMSP/MediCal. I am hoping property values continue to slip a bit here, so that keeping the house will be more possible. We will have to attend the stupid classes and credit counciling, but that is why I have a knitting basket.
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