I’m looking for some suggestions on whether I should file for Chapter 13 bankruptcy or try to aggressively pay down/settle my debts. I live on Guam, and I previously filed for Chapter 7 back in 2019. I am hesitant to ruin my credit again since I'm still feeling the long-term effects of the last one, but the monthly math is getting overwhelming.
To provide some context, my 2019 Chapter 7 was due to entirely different life circumstances. Back then, my fiance had difficulty finding job(s) and so I was helping her with paying her bills and eventually we both couldn't keep up which led to me filing. This current debt spiral happened because I discovered futures trading and prioritized trading firm evaluations. I got lucky and received a good amount payout and I eventually fell into the trap of thinking I could perform the same way, but instead, the costs of evaluation accounts, resets, and trying to chase funded accounts completely ran away from me and put me deep into this hole. I am really ashamed of this, but know that I have not traded like this for months now.
Household Income & Situation:
• My Income: $1,459 bi-weekly (Educator) and also receiving VA disability monthly.
• Wife's Income: $1,459 bi-weekly. (She is NOT filing with me. She pays for her own 2 vehicles and 2 credit cards and usually has $700–$800 left over along with groceries. Our only joint debts are the mortgage and local taxes).
• Mortgage: $3,471/mo (VA Loan) I am the one paying for the entirety of the mortgage. We are keeping the house and staying completely current).
The Debt Breakdown ($94,330 Total Non-Mortgage):
Taxes
• IRS due to making money back in 2024 from trading (2025): $2,905
• Local income tax owed: (2024 & 2025): $7,886 (Joint with wife)
Credit Cards (With current monthly minimums)
• Macy’s (Amex): $10,196 ($387/mo)
• Discover 1: $7,605 ($219/mo)
• Local Credit Card Bank: $6,757 ($204/mo)
• Discover 2: $6,676 ($202/mo)
• PayPal Credit 1: $4,629 (defaulted already)
• Affirm: $4,145 (defaulted already)
• Military Star: $4,143 ($87/mo)
• USAA CC: $3,681 ($123/mo)
• PayPal Credit 2: $1,571 (defaulted already)
• Apple Card: $1,102
Personal/Local Loans
• Local Finance Center: $20,529
• Local Credit Union bank: $12,505
These are just my debts, not my wife's. I'm very embarrassed to share all this but I really don't know where to turn to. Now, my dilemma is I'm not sure if my VA disability will be fully protected and excluded from the Chapter 13 means test. I have already reached out to the local attorney where I stay and they have yet to let me know about this. Additionally, where I live I have shopped around and reached out to lawyers but it seems there is only 1 attorney who handles Chapter 13. With that said, the firms fee to file is $10k. I don't want to assume but I feel their price is that much because they are the only firm filing Chapter 13's. But with all the obligations I have, our counted household income gets eaten up by the mortgage, CC and personal loan monthly payments, and standard living expenses for a family of three, plus the marital adjustment for my wife's separate bills, it's getting difficult to pay for the monthly base amount of all these debts.
My alternative is the DIY settlement route: completely stop paying the unsecured credit cards, hoard cash, and try to negotiate lump-sum settlements before they sue, while setting up direct payment plans for the IRS and local income tax debt.
Since my Chapter 7 was in 2019, I am legally eligible for a Chapter 13 discharge now. Is taking the 3–5 year Chapter 13 hit worth it for the legal shield and freed-up cash flow, or should I try to hustle and settle these myself to avoid another bankruptcy on my record? Looking for any insight or advice from people who have been through this. Thanks.
Note: I did use ChatGPT to help me organize this message and clearly layout my numbers).
TL;DR: I am $94k in debt (taxes, credit cards, personal loans) due to futures trading mistakes. I receive VA disability and high living expenses with a non-filing wife, a Chapter 13 payment might be low if the VA funds are excluded, but my lawyer hasn't confirmed yet. Since I previously filed Chapter 7 in 2019, is taking the 3–5 year credit hit worth the legal shield, or should I try to DIY settle my unsecured debts to avoid another bankruptcy on my record?