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rjx Donating Member (477 posts) Send PM | Profile | Ignore Mon Jun-06-05 05:35 PM
Original message
Is it already harder to file for bankruptcy?
I think I would like to file for bankruptcy. I am unemployed, and I honestly doubt that I will make anywhere near what I was making at my old job. I am not trying to take advantage, but I really don't see how I can bounce out of this.

The creditors are on my back, and I really can't blame them at all. I would do the same if I were them. But the interest is tacking up, and unemployment (while its better than nothing) isn't cutting it for my bills and what I owe.

I was darn lucky to have the job I had considering my job skills. I honestly don't see myself making anywhere as close in salary as I did.... at least not anytime soon. I was at my job for 5 years and everything was going great I thought until my job made cuts and everyone that held my position (loading) got laid off.

I am in my late 20's, I rent, unemployed, no children, citibank has an agency after me and is demanding half of what I owe as a down payment.

I'm not looking for sympathy, or to pretend that my situation is any more important than anyone else that is jobless with more bills than can be taken care of.

I have no idea how hard it was to file for bankruptcy before Bush signed the bill. However, I would like to know if it would be harder in my situation to file for bankruptcy than it was before.

From what I understand, 10-17-05 is when things get tougher?

I would like to note that before I was laid off, I was already having problems. And now that I am not making the $21 per hour that I was before, I am heading faster up shits creek than I was. So I would like to know what my option is with bankruptcy.

Thanks for any help :)
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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-06-05 05:38 PM
Response to Original message
1. need more info, like
how much debt?

Want to keep the car (do you have one?)

Best bet: google "personal bankruptcy faq's (Your state here--laws vary).
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nittygritty Donating Member (155 posts) Send PM | Profile | Ignore Mon Jun-06-05 05:39 PM
Response to Original message
2. the new bankruptcy laws
don't take effect until mid-October sometime. You have until then to file.

Best to get that ball rolling now, though...
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-06-05 05:42 PM
Response to Original message
3. My suggestion
Is to get started on this asap. The new law goes into effect sometime in October, and there could be a rush of new bankruptcy filings under the old rules in the next few months. Because of that you don't want to wait until the last minute when your file could be sitting on your agent's desk at the bottom of a big pile.
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undergroundpanther Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-06-05 05:48 PM
Response to Original message
4. I dunno
Consult a lawyer look for some who will give a free advice session.(for potential clients) Write questions down write answers,and jump to lawyer to lawyer in the yellow pages that offer those free consults until you get your questions answered.

Also You have every right to resent creditors,Every right to hate them. They are rich beyond imagination and they got that way by bullying and being parasites.The ceos of these companies are very predatory and this consumer culture of salesmen set up people to be entrapped by the kind of situation you are in now.

Any ceo that thinks it's ok for any company to screw someone who sacrficed FIVE YEARS of thier life, almost every day of those years just to be cut off at the slightest pinch when the ceo tweeaks over is..well.. exploitation.It's not right.

America runs on the serve the rich or starve,policy..Ideas like pay the rich or sufferor serve that is not freedom it is a THREAT.

You didn't make this system this way..yourself,but in a small way you are as responsible as every american for tolerating it's injustices..the Ceos because people do not limit thier power now they write the laws that force you to pay and obey. You don't have to obey.

I would hope someday more of the American people would quit being powerless,take back thier powewr,and begin to recognize slavery,threats,harassment, and extortion for what they are and that it is nothumane to extort the people who work for you.
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Spinzonner Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-06-05 05:50 PM
Response to Original message
5. Nolo Press has some self-help books

and good info even if you decide to go with professional help.

www.nolo.com

If you can't afford them, try the library or read them at a bookstore like Borders or B&N
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CrispyQ Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-06-05 05:50 PM
Response to Original message
6. See an attorney now.
At least find out what your options are now before things change.


Good luck.
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mcscajun Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-06-05 05:53 PM
Response to Original message
7. Also check the National Consumer Law Center
And their publication "Guide to Surviving Debt"

http://www.consumerlaw.org/publications/guides/surviving_debt.shtml

It might be the best thing you ever did with $19.
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Jacobin Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-06-05 05:54 PM
Response to Original message
8. New law takes effect October 17, 2005
See a lawyer. They will arrange terms for payment. Don't do the self-help stuff or petition preparers. They cause all manner of grief.
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-06-05 05:58 PM
Response to Reply #8
9. Absolutely right
No matter where you live, there's going to be a lawyer who knows (or even specializes in) bankruptcy law. Go as quickly as possible and get the ball rolling. Do NOT, as someone suggested, try to do this yourself. That's about as smart as trying to remove your own spleen with a dinner knife and a book of instructions.

You'll get a payment plan from the lawyer, so don't worry about that. Then you'll have to fill out forms - all about what you own, how much you owe, to whom, stuff like that - it's very simple and matter-of-fact.

As soon as that's done - and you've paid something to the lawyer - letters are sent to the creditors, and, from that point on, they are legally prevented from contacting you. Then, your peace of mind will begin.

You might lose your car, but that's the way the rules are. Otherwise, it sounds to me like a very good idea for you to undertake as quickly as possible. You're young, you're not unusual, and you'll be fine with all these fucks off your back.

Good luck.
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Lannes Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-06-05 05:59 PM
Response to Original message
10. It depends on how much you owe
If you are concerned with legal action.If it is only a few thousand I wouldnt be too concerned but dont hold me to it.

Credit card companies usually dont pay a lawyer thousands to collect a debt that is less than what they are paying them to take action against you.But I would try to get some sound professional,legal advice either way.Good luck.
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rjx Donating Member (477 posts) Send PM | Profile | Ignore Mon Jun-06-05 07:02 PM
Response to Original message
11. Thanks for all the info, I appreciate it.
I am going to check out the links that were posted in this thread, and continue to research on the net for the rest of the night. Tomorrow I will start looking for a lawyer.

Thanks again for the information.
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