Bankrupt? tell me all you know about doing it?

It is tough dealing with BK. I had to deal with it in 2009. I was and still am self employed and I could file Chapter 7. Each state has their own exemptions so you have to know what your state's exemptions are. The best thing to do is to get a BK attorney to help you. Also one of the best things I did was join this forum. http://www.bkforum.com/showthread.php?t=24853

Very
, very knowledgable people. Best of luck to you. There is life after BK.
 
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Well, Katy I am certainly glad to hear that you have everything under control, good for you. But, some us can not get our situations under control. It depends on what line of Business you are in also.

We were New Construction Plumbers, and I'm sorry if no one is building new houses, then I can't keep things going. Everyone has to buy food, thus the need for businesses such as yours, but not everyone can build a new house anymore. So, there is a big difference between our Businesses, so you can not compare one business to the next.

For heaven's sake, the MAJOR Dealerships are filing Bankruptcy. So, where did they fail? Because...... the Economy? No one can afford to buy new vehicles anymore. So, therefore, they are in trouble. They were asking for Bailouts! Some Major Companies got bailouts and the others did not.

You can eat your crops and survive and lesson your grocery cost per month, I can not eat plumbing fixtures. I have 3 children to make sure I get fed and a roof over their head, and if that means filing Bankruptcy, then that's what I will do. Because, I'll be dam*** if they go hungry.

You call it whatever you like, but don't judge us as people because our Business failed. That is unfair. You just might end up in that Cop Out stage, so I wouldn't count your chickens until they have hatched.

We will never end up in bankruptcy court. I can safely say that. We have never operated "in debt" which is where people get in trouble. We pay our bills off monthly. If we needed something we waited until we could pay cash for it, whether it was a different tractor or a different grain truck. I'm not being mean or trying to make the OP or anyone else feel badly because they've been hit with hard times. My whole point has been if people planned ahead more and saved for a rainy day like people used to there would be far less people in financial trouble.
 
I am not an attorney so this is probably worth exactly what you paid for it. And honestly only an attorney will be able to answer all your questions.
Here is what I know from my past experiences.

Homestead the house you live in. If you reaffirm the mortgage. other people that you are in debt to may be able to come after your primary residence anyway. Homesteading makes it impossible for anyone to take your house for any reason other than failure to make the payments. with other houses involved you are going to have some pretty serious hounds on your trail.

No nothing, cancels your taxes and I am not sure that Homesteading your house will protect it from the Fed's.

If your problem is mainly your other two houses. is it possible to sell them even at a loss to avoid bankruptcy. It also sounds like you are carrying a lot of other expenses, such as medical and vehicle maintenance. would relief from these be the answer rather than bankruptcy. these are things a good attorney is going to want to know so be ready to answer such questions. There may be answers other than bankruptcy for medical expenses. a new vehicle without the repair costs could in fact be a lower expense.

Finally it is never wise to file bankruptcy without also going through Debt counseling. Even if you don't think you made mistakes. Not very many people make decisions that they think are a mistake. it was done because of what you didn't know. Counseling will help you recognize and understand what if any mistakes you did make. By far people end up in bankruptcy because of the way they handle money. and relief from that does not change the behavior.

Finally I don't know exactly what changes have been made. But I know changes have been made to bankruptcy law in the last couple of years. it is not necessarily the totally freed of your debts thing as it used to be.

I suggest you consult an attorney and make sure you completely understand what bankruptcy can do for you and what it will not. You might find you are better off just loosing your houses.
 
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Well, Katy I am certainly glad to hear that you have everything under control, good for you. But, some us can not get our situations under control. It depends on what line of Business you are in also.

We were New Construction Plumbers, and I'm sorry if no one is building new houses, then I can't keep things going. Everyone has to buy food, thus the need for businesses such as yours, but not everyone can build a new house anymore. So, there is a big difference between our Businesses, so you can not compare one business to the next.

For heaven's sake, the MAJOR Dealerships are filing Bankruptcy. So, where did they fail? Because...... the Economy? No one can afford to buy new vehicles anymore. So, therefore, they are in trouble. They were asking for Bailouts! Some Major Companies got bailouts and the others did not.

You can eat your crops and survive and lesson your grocery cost per month, I can not eat plumbing fixtures. I have 3 children to make sure I get fed and a roof over their head, and if that means filing Bankruptcy, then that's what I will do. Because, I'll be dam*** if they go hungry.

You call it whatever you like, but don't judge us as people because our Business failed. That is unfair. You just might end up in that Cop Out stage, so I wouldn't count your chickens until they have hatched.

We will never end up in bankruptcy court. I can safely say that. We have never operated "in debt" which is where people get in trouble. We pay our bills off monthly. If we needed something we waited until we could pay cash for it, whether it was a different tractor or a different grain truck. I'm not being mean or trying to make the OP or anyone else feel badly because they've been hit with hard times. My whole point has been if people planned ahead more and saved for a rainy day like people used to there would be far less people in financial trouble.

I never thought I'd end up there either, but I am here, so I never say never! I did save for rainy days, as a matter of fact I had at any given time between $40,000-$60,000 in my account. But, when our General contractors failed to pay what we were owed, when the Economy went down, there was no where near enough to pay all the material cost, payroll, insurance and so on. We were not paid over $150,000 and our Plumbing Material cost out of that was a little over $116,000.00. It takes a lot of money to run a Plumbing Company. There isn't that much profit per job, like everyone thinks there is.

It takes time for a business to become debt free, if it ever does. Which, I highly doubt that anyone can run a business debt free. But, maybe you are doing it. Maybe, you don't have employee's that you have to worry about, I don't know. It's kind of hard to buy Plumbing Trucks and equipment when you start a Company if you do not already have that kind of money. So, you have to have credit and make those monthly payments. I would have had to of had

We didn't buy lavish things. We have a $49,000 home, that needs tons of work. We lived and still live very modestly. My kids have what they need, but they have never been spoiled with tons of gifts, because it took everything we made to keep the Company running.

Honestly, we lived better when my Husband managed someone else's Plumbing Company, but when they went out of Business, we started our own. At the time, we thought that was the best way for us to go.

I truly hope that you never have to go through it.
 
Yup, I know exactly what you mean. You can plan forever, but it all it takes is one catastrophe to wipe it all out and then some. Maybe over the course of weeks, or months, but it can happen.
 
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You are certainly right!

One illness can take everything you worked all your life for. . .we saved and saved, were not in debt other than our house and one credit card, and when my DH got sick, it ate up the savings and while we are ok, its hard and I worry every day about it. . .I will always have to work to make that little bit of extra to take off the edge, and ease my worries, which is fine. DH worked hard for 33 years before his diabetes took over, but nothing is for sure. Nothing.
 
I had a successful business for about 5 years and due to the high cost of health insurance our best and only route was to get one with a high deductable. Well this lead to a few situations (at the time my one year old having siezures, I had to have sugery for kidney stones, my wife broke her ankle and got severe poison ivy, plus the birth of my son). This all happened over a span of 2 years. Ended up paying a portion out of pocket but the rest went on credit cards. In early 08 I had to fold up my business leaving us with only one thing to do. I hate that I had to rely on the government to "save" me but at the same time it's our government that helped make Health insurance an the cost of care so much. No excuses as there are things I guess I could have done but when you lose your income and about 10 years of savings there is only so much you can do. It is one of the worst things emotionally to go through but I cant say im not happy I did it.

Brandon
 
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I just hate these stories, breaks my heart. Our gov. is responsible for so many things that have caused the everyday average Joe his livelihood, health and lifestyle. There is only 1% or so of the population that is filthy RICH, the rest of us scrap by and usually do pretty good by all standards, but when medical insurance costs more than the disease, or the deductible is so outrageous, no one is going to survive. I know one thing, make all these politicians have OUR medical insurance and deal with it on a daily basis, things would change in a hurry. . .makes me mad and sick at the same time.
 

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