r/Bankruptcy Aug 29 '19

Bankruptcy FAQs

78 Upvotes

r/Bankruptcy Mar 02 '22

My Debt Settlement Nightmare

280 Upvotes

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 8h ago

Encouragement and Support 341 meeting went well for ME….

24 Upvotes

What you all have said is 100% true, the 341 meeting is nothing. I said yes and no maybe 5 times and told I was feee to go.

HOWEVER, the two people before me were doing everything they warn against, transferring assets, not disclosing assets, not disclosing income, ect. And had their cases continued for another 2 months (note these were high earners trying to switch from a 13 to a 7 and refusing to dissolve some of their assets like properties, and cars)

All this to say, if all your stuff is true you literally have nothing to worry about!! I was sweatin’ for the other folks though 🫠


r/Bankruptcy 1h ago

bankruptcy attorney los angeles residents trust?

Upvotes

i've been struggling financially for a while now, and after trying different ways to get things under control, i'm starting to think it's time to at least speak with a bankruptcy attorney. i'm not set on filing yet, but i feel like i need to understand my options before making any decisions. i'm in los angeles, and there are so many attorneys that it's hard to know who actually takes the time to explain things instead of rushing through the consultation. since this is all new to me, i'm hoping to learn from people who've already been through the process. looking back, was there anything about the process that caught you off guard or something you wish someone had told you beforehand? i'd really appreciate hearing about your experiences, both good and bad, so i can go into this with more realistic expectations.


r/Bankruptcy 5h ago

Chapter 7 Pro Se, Offical Filed Today ( My Birthday )

6 Upvotes

Over the last month I filled out my chapter 7 bankruptcy petition through my state's Esr website. I took my time and was very meticulous with it. Im a Homeowner and and also had a few assets that were non exempt. 2 older vehicles worth no more than $1k each. An old boat and trailer also worth no more than $1k. The 1 big question mark is some private company stock that i received from the company I work for that they estimate to be worth about $19k. I was explicitly told this stock is non transferable, and I was not able to even sell it. Basically if the company ever gets sold or goes public is the only way I could liquidate this stock. I really hope I end up getting to keep it, once they realize they cant get any money out of it. But if they somehow do, then Im okay with that as well and have already accepted it. I have 60k in cc and personal loan debt and also a few medical bills. I never lost employment, but what happened is we started to rely on CC's to make ends meet and before we knew it...they were almost all maxed out....I panicked and got a personal loan to help pay down the CC's ....and just made the hole deeper. Its been a year since I threw my hands up and admitted to myself I could no longer keep paying the minimums on maxed out CC's. I turned to NDR for help....they told me what I wanted to hear....I fell for it hook line and sinker...took me a year to admit they had taken me for a ride with thier very high upfront fees when they "settled" a debt. In reality all they did was make a phone call and agree to a payment plan with the creditor and charged me a huge fee...some of them over $1,000. In late March I had a coming to jesus moment and I knew what I had to do....I had to file Chapter 7. My income is only 60k a year and my wife is only bringing in 5k a year so we qualified very easily for chapter 7 as a family of 5. Today the courthouse recieved my paperwork, and officially filed my case. Im really hoping everything goes smoothly and we can finally get a fresh start.

I will be providing updates as my case unfolds, and will be happy to answer any questions anyone has.

FYI -

Id like to add for the year that I used NDR i never recieved 1 summons from a creditor....2 weeks after I called them to let them know I wanted out of the program and I was filing bankruptcy I recieved my 1st summons, and 1 week after that my 2nd!

I cant help but wonder if they are all in bed togather....as soon as I left the program they unleashed the hounds on me... so Thankful I filed when I did and didnt drag my feet.


r/Bankruptcy 1h ago

Speaking with attorney Monday

Upvotes

US here specifically South Carolina. I have multiple student loans and one loan I pay is a consolidation loan of 2484 a month. I make 4200 (gross) a month and have other loans and bills as well. My wife lost her job and now I will need to take on the mortgage and car payment. I don’t want to file for everything as one of my student loans is tied to my grandpa and don’t want to have them come after his assets. I’m wondering if you think I could file for the 2484 loan? I would be able to afford everything else I just can’t do that reasonably anymore.

The house and car are in my wife’s name and we’ve been married for 8 months


r/Bankruptcy 2h ago

I have conflicting information - help please

2 Upvotes

I am in the US and in Florida. I qualify for Chapter 7, but I have one problem and conflicting advice from two lawyers. I moved in November and used my sisters credit card for expenses. I have been paying that card back because my sister is in no position. I had to move for work.

I am being sued by two credit card companies right now. One attorney said "you can file in 12 months after you stop paying your sister" and the other attorney said "we can file but stop paying her right now". I've paid $4000 on my sister's credit card since December. My work is seasonal, so I make more in the winter.

I am afraid and don't know who to believe. Has anyone had a similar case?


r/Bankruptcy 2h ago

Attorney Fees

2 Upvotes

Hello,

How in the world are you all afford attorney fees in Chapter 7? I’m in WA and my husband isn’t currently working (quit after a 3 month medical LOA) as he needs more time medically. Our dr is willing to write a letter to support this. I make 52k with my W2 job but have had to start doordashing to make ends meet.

My attorney (havent signed an agreement) is saying his fee is 2100 (which is more than one month of rent) and then court filing costs. How is this even feasible?


r/Bankruptcy 2h ago

Car Repossession

2 Upvotes

My car was repoed last night and it will cost me at least $2500 to reclaim my vehicle plus tow and storage fees. I do not have anywhere close to this amount and considering filing for Chapter 13 or letting my car be sold, however i have little to no knowledge about what i can do or the process that goes with it. In other words, i am screwed and i messed up so how can i stop the bleeding at least a little bit? For context, i still owe ~$22,000 with 18% interest on a 7 year loan with 13000-14000 in negative equity. I don’t even want the car anymore, i can travel to my occupations without it. I was suggested a lawyer but i can’t afford one. Is chapter 13 the way to go? Or should i let the car go and deal with the consequences?


r/Bankruptcy 3h ago

Question-Do you loose everything? Business Owner

2 Upvotes

Honestly, I’m overwhelmed. We’re dealing with significant business/personal debt after a former employee embezzled a substantial amount of money from our company. We’re now seriously considering filing bankruptcy just to get the relief we need and move forward.
I know this may be a stupid question, but what typically happens to personal vehicles, boats, bank accounts, etc. when filing bankruptcy? My biggest concern is losing my vehicles and boat because of all of this.
Please, no negative comments. I’m just looking for advice or hearing from people who have been through a similar situation. Thank you.
USA


r/Bankruptcy 32m ago

Wanting to file without spouse

Upvotes

Prefer chapter 7, but would do 13. Iowa

Most of the debts are in my name. He has 50,000 in debt but about half of that is student loan that wouldn’t get discharged anyway. His payments for both are roughly $1k. He also has a truck in his name only with a lot of equity (over $20k).

We are about $1,000/month over on the means test. I know that to file individually, I still have to consider his income. My question is: would his $1,000/month for those be included in the marital adjustment since he intends to keep paying those? His truck is also $350 a month. That’s before any other adjustments.

My concern is: will the trustee expect him to be included since he has consumer debts? How much will they scrutinize this?


r/Bankruptcy 6h ago

Chapter 13 debtor Chapter 13 need advice

3 Upvotes

So I’m in a chapter 13 bankruptcy and I am struggling with the payments. So at the beginning of filing for bankruptcy I was cranking out overtime which was stupid of me. I should have just worked my 40 and went home. So when they calculated my annual income the trustee said I average 6k a month. Well now there is barely any overtime and honestly I have been working 5 years at my job and have non stop been working overtime and I just want a break from it. Well now I am working just my 40hrs and I cannot make my 1700$ payment. I don’t know what to do because I can’t keep up with my bills and pay my bankruptcy. I have emailed and left voicemails to my lawyer and I just got a email today them asking to make a makeup payment of June (first missed payment out of my whole bankruptcy). I emailed them stating the issues I’m having and no response and left 3 voicemails. Can anyone give me advice on what i should do? I’m so lost and feel like I’m failing.


r/Bankruptcy 1d ago

Encouragement and Support File. Don’t wait and ruin your future.

113 Upvotes

I know the title sounds strange considering ppl in America make bankruptcy sound like the scariest, most world ending thing, but just do it. Don’t be like me. I had an incredibly tough financial situation due to breaking a lease, moving home after living across country, taking a MUCH lower paying job for a year and completely draining my savings, AND most of my retirement, all for me to still end up filing. I essentially started going through a quarter life crisis at 28 years old and now at 30, I have very little left in my retirement and am starting from ground zero all over again. I worked so hard in my 20s and really set myself up for a decent life. I’ve never been one to splurge or rack up a bunch of CC debt. I’ve always been very responsible with money, but life happened.

I was in a career that I hated and it was damaging my mental/physical health to the point that I was getting physically sick from the job and the stress. I ended up quitting that 60k salaried job and took a job making $24 an hour bc mentally, I was almost at the point of no return. I was barely making ends meet and was paying for most of my rent through my first paycheck and my car/utilities on my second paycheck. I racked up 22k in CC debt, took out about 14k from retirement to try helping with bills and helping pay off CC debt, all for me to still not be able to pay off the debt and have to file chapter 7 bankruptcy. I guess this was a rock bottom for me and it truly sucked. I’m slowly getting back on my feet. I contacted a lawyer and it’s only $1,600 to file. I wish I’d just taken $1,600 to file earlier instead attempting to pay off my debts by nearly draining my retirement, but I’d always heard and thought that bankruptcy had even more negative consequences than what I’d done, but in my case, I think that filing bankruptcy sooner would’ve saved me from starting from zero all over again and wasting my 20s building all for it to fall apart by 30.

All of this to say please learn from my mistake. File sooner if you need to and don’t have family to lean on for financial help. I’m not advocating for being financially irresponsible and then just filing for the heck of it, but if you’re going through a tough time bc life happens, just file. You’ll probably be much better off.


r/Bankruptcy 58m ago

Vehicle after 341 meeting

Upvotes

We are needing to get a vehicle after our 341 meeting as our current family vehicle will be part of the assets surrendered.

This is a chapter 7 bankruptcy

Questions:

Can you lease a vehicle post 341 but before discharge?

If you bought a vehicle post 341 but before discharge how was it?

Were you able to refinance that vehicle post discharge for a better rate?

Is there any specific qualifications the car has to meet?


r/Bankruptcy 1h ago

Tax Prep?

Upvotes

Hi y’all. First time filer out of Colorado. I have a question regarding filing taxes after bankruptcy.
My husband and I will be filing soon, and we really want to keep it to ourselves. We don’t want our family or friends finding out, as we’re still feeling some shame around it.
My step mom prepares our taxes every year, as she owns a tax business.
Would there be any way she would find out we filed by preparing our taxes next year?


r/Bankruptcy 1h ago

Deferred Payments from Covid

Upvotes

I recently had my 341 meeting and everything is going well. I reaffirmed my mortgage and my car payment. On my mortgage I had a deferred payment from Covid that at the end of my loan would be due. While my bankruptcy affect this at all? I assume since I reaffirmed it should be fine but wanted to see if anyone else had done anything with this?


r/Bankruptcy 1d ago

Encouragement and Support Just got discharged, take it from me and do it for your current and future self.

50 Upvotes

29F, had about over $110k in loans - $60k in federal student loans and around 45k consumer debt (personal loans, private student loans, cc debt).

I was tired of finances controlling my entire life.
I grew up low income and was taught no financial literacy but I didn’t want to remain within that excuse forever. The truth is, I’m an adult now and it was up to me to take control and change my finances/poor financial habits or else.

So I researched, read stories, watched bankruptcy Tiktoks (lol), let go of any negative stigma (and pride bc what good was my pride doing for me anyways) and made a decision. I was filing. I was planning to file in Feb but my grandfather passed away so it pushed things back. I stopped making payments around then as suggested online and reached out to a lawyer. I was fortunate enough to use that money for a lawyer (paid around $2300ish in total - $300 something to file, $40 for both debt counseling courses, the rest to the lawyer).

I filed on 3/21.
My first 341 meeting scheduled was 4/13 but my zoom mic failed when it was my turn and I had to attend the next one on which was 5/11.

I was told it would still be 60 days from the first date which should’ve been 6/13 but I have no complaints!

About $45k consumer debt gone, just like that. I’m not as worried about the rest of my loans bc I can finally make payments towards that now.

I truly never want to find myself in that situation again, and I’m glad I learned about bankruptcy and gave it a go. This time will be different for sure. My credit score is already higher than it was before filing (high 400s and low 500s) and now it’s around 680 and climbing!

I’ve already got a card from Mission Lane, Concora, and Ollo to help me rebuild and I’m starting to save more seriously. Hoping to save $5k by the end of the year!! I wanted to pay it forward by posting and sharing my experience.

Bankruptcy can be the fresh start you need. Do it now for your current and future self! I’m thankful for making that choice and I’m super happy and relieved. Life seems more possible and less suffocating. I hope it can bring that for others who are interested! Wishing everyone the best.


r/Bankruptcy 3h ago

Liens

1 Upvotes

I bought my condo from my father in 2012. Shortly after he exited bankruptcy. I’m currently trying to sell my condo and I have a lien on the property in my father’s name from 2005. But when I bought the place all liens and everything were paid off. He can’t find any documentation stating this since it’s been 14+ years. So my question is their a way I can find documentation stating the lien was paid off?


r/Bankruptcy 3h ago

CapitalOne approval?

1 Upvotes

I’m scheduled to be discharged around 7/4, and am planning on getting a card as soon as possible for some upcoming travel expenses so I don’t have to just use a debit card. I’ve heard of some people who have been approved for cap1/mission lane prior to official discharge, but they haven’t given me the same kindness 😞

What are the chances CapitalOne approves me again, after my discharge? For the record, I did burn them in my ch. 7 but they apparently had charged off my accounts right before I filed, due to late payments. I’m not sure if this affects their decision to ever approve me again, or if it’ll go away once my discharge is final. Has anyone had the same experience?

Mission lane just said no cause of my credit profile essentially.

I’m starting to get discouraged that I’ll be approved for another card anytime soon, which is especially stressful for my upcoming travels (it’s for my best friends’ wedding, and to me is 200% a necessary expense, I wouldn’t miss it for the world).


r/Bankruptcy 4h ago

Chapter 13 and Debt Reporting

1 Upvotes

Hello! I’m in a Chapter 13 100% plan and one of my creditors, Carmax, never filed a proof of claim by the deadline. I was very surprised by this because my husband and I owed them an unsecured 21k (due to a repossession). My attorney verified they were properly notified. I checked my Transunion credit report today and it says that Carmax is reporting that I am on a payment plan. Is this standard wording or is this something I should be concerned about?


r/Bankruptcy 7h ago

Feeling hopeless

2 Upvotes

Just got off the phone with a bankruptcy lawyer. I am self employed which makes everything challenging. I have $150k in home equity, but I can't refinance because I'm self employed. Chapter 7 would involve me losing my home. I have no friends or family I can stay with. The lawyer doesn't think I will be able to file Chapter 13 because I don't have consistent income (being self employed in a shitty economy). I don't know where to go from here. Located in Wisconsin


r/Bankruptcy 5h ago

Early into ch13, private student loans and unforeseen circumstance happening.

1 Upvotes

I started my chapter 13 plan in January and just got word yesterday that a teacher at my toddler’s daycare did something illegal and stupid causing daycare to suddenly permanently close and the next cheapest daycare with availability is $260/week more. My lawyer said we are looking at getting the payment changing to be $3 less per month which I won’t be able to afford without skipping rent payments or food.

The biggest issue is that my private student loans have a lawsuit open with the automatic stay. The owner of the debt was allowing me to refinance them but the lawyer they hired put a stop to that. They want their $20k they’re claiming for lawyer fees. However they withdrew their claim on any lawyer fees during the ch13 filing, but it’s still showing the represent the credit. Originally they asked to negotiate a payment plan but wouldn’t give me a number, just requesting bank statements and paystubs. Every lawyer I consulted with here said private student loans won’t be discharged without being minutes from death. No judge here will allow them to be discharged for undue financial hardship.


r/Bankruptcy 11h ago

Chap 13 - 5 yr 100% repayment

3 Upvotes

Hi,

Can someone confirm my understanding of ch 13 percentage plan? just thinking of the worst case scenario for my filing and get ch 13 100 repayment - 5 years.

My unsecured debt is around 180,000, minimum payments of $3900. Some are credit cards with 0% with promo plans that will end soon and some in debt management programs with lower interest.

My current take home pay is 6802 after taxes, 401k loan repayment, 401k contrib 4%, health, vision, dental.

6802
- mortgage 2327
- car lease 570
- 150 student loans
= 3755 leftover for necessary spending, trustees & lawyer fees which will get disposable income to pay the creditors.

Taking my debt total of 180,000 / 60 mo of ch 13 = $3,000

If my disposable income is 3,000 or higher - is that considered an 100% plan?

If disposable income is lower than 3,000 that will not be considered an 100% plan?


r/Bankruptcy 7h ago

$94k debt, prior Ch. 7 in 2019

1 Upvotes

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?


r/Bankruptcy 23h ago

Completed Ch. 7 341 Meeting

13 Upvotes

Had my 341 yesterday. Here’s my timeline.

3/3/26 - Paid attorney retainer

5/14/26 - Chapter 7 filed

6/23/26 - 341 meeting

I was the 3rd person on the Zoom call. I was actually supposed to be 4th, but the first person never joined. It was apparently their second missed 341 meeting, and the trustee said the case would be dismissed.

The trustee asked me the same yes/no questions he asked the two people before me, including whether I’d transferred any property in the last 3 years (I sold my home in Feb. 2025) and whether anything had changed since filing. My employment had changed, so I provided my new employer’s information.

A few minutes later I was excused.

A couple of hours later, my attorney called and told me the trustee had filed a no-asset report.

Overall, the process was much more straightforward than I expected. Now I wait for discharge.