OT: bankruptcy. Been there?

Monkeyleg

New member
There's a very good chance I'll be forced to declare bankruptcy by September, both in terms of my business and personally. I'm just wondering if anyone here has been through it and, if so, if you can relate what kind of experience you had.

Any replies much appreciated.

Dick
Want to send a message to Bush? Sign the petition at http://www.petitiononline.com/monk/petition.html and forward the link to every gun owner you know.
 
Yes, I had to do this about 2 years ago. I had sold 40% of my business to a "Partner". He soon started a chain of events (including extending credit to unqualified customers) that resulted in our business going under. The bankruptcy process wasn't as bad as I thought it would be, but you do need a recovery plan to rebuild. In Florida, we're allowed to keep our house, and $1000 worth of furniture. Anything you want to keep, you may want to "lose" until it's all over. Best of luck!

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An unarmed man is a subject.
 
P.S. GET A LAWYER NOW!!!! Don't wait until the last minute! This will save you huge amounts of money and headache!!!
 
Please listen Conan... get a lawyer now.... If you have a few guns that you want to protect.... The transfer of certain assets can be overturned by the court in a bankruptcy. However there is a time limit on this... can't remember if it is 6 months, 1 year? Anyway a lawyer can help you to set up legally the best way for you to get through this.



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Richard

The debate is not about guns,
but rather who has the ultimate power to rule,
the People or Government.
RKBA!
 
Normally assets owned by the debtor ninety days prior to the filing are considered part of the debtor's estate in a bankruptcy. Be careful in this since you have announced publicly that you are considering filing bankruptcy.
 
Sorry to hear of your troubles. No personal experience, but one of my fishing buddies has been a self-employed bankruptcy lawyer for 20+ years(he did my divorce for only the court costs!). The short version is that it depends on the state. LISTEN to Conan and LISTEN to your lawyer. I have listened to hours of stories of how he set things up to save someone's assets, and they screwed the arrangements with the creditors by not following through. A short example: One couple took their income tax refund check and made three months of car payments @ $800/mo. to save two new little sporty cars and lost their house because the money needed to go for back mortgage. The mortgage company had agreed to give 'em another chance. Dern cars weren't even big enough to live in. Stuff happens, lots of people do it, and they recover and get ahead. Best wishes, John
 
Yeah, I did it about 5 years ago after my divorce. My ex wife recieved all the assets, and the judge figured since I had a job, I could take all the bills. State law was not applied in my divorce, and just after I had found out my ex was screwing someone else, she went and maxed out ALL the cards. I went from 300 dollars total debt to over 14,000 at 21% interest in a week. I was being paid an E-4 Salary. When the judge gave me all the debt (except for one card with 200 bucks on it), it quickly became more than I could bear. 75% of my take home pay was gobbled up by debts on stuff I didn't even own. I went to an attorney, and he suggested bankruptcy. I did it myself though and found it pretty easy if you have a knack for legal stuff. I guess the most satisfying feeling was that I didn't actually stiff those people who were owed money, because they then just went after my ex wife!
Your credit will be destroyed for 7 -10 years, but I was able to buy a house with really reasonable terms (under 9%) just two years later. You also learn to use cash which is never a bad thing. I won't use credit anymore except in cases of dire emergency, or a house or somthing big.
In Texas, the law is pretty liberal. You may keep your house, 1 car per person in the household (regardless of whether or not they are old enough to drive it), up to 250 acres, I think up to 25 head of cattle, all sorts of livestock, all necessary farming emplements, all your tools of your trade, and here's the best part: All of your guns are protected. I think it was the right thing to do. It won't be as bad as you think.
 
Some advice,

Double and Triple check any paperwork before you sign it and before it is filed. I know of horrible post-bankruptcy stories in which a creditor was not mentioned on the final paperwork even though the client wanted them there. The attorney is not liable for the mistake once you sign off on the final paperwork. You are still liable for the debt, and your credit is still screwed.

I have also heard that a chapter 7 is better than a chapter 13. The reason is that the chapter 7 is finalized once the paperwork is filed, but a chapter 13 is not finalized until the last of the partial debt settlement is achieved. This means you have to wait until everything is settled PLUS the normal number of years (7 or 10?) until the bankruptcy clears off your record.

If you have personal/friend & family debts that you wish to repay, I would consider not mentioning them to your attorney. He may be obliged to declare them, and that can hurt you. The reason is that if you partially or fully repay one of your lenders within 90(?) days of filing without favoring the others, the court can come back on the lender(s) you favored, take back what you paid him/her, and distribute it equally between all lenders.

Of course, verify this all with your attorney, and don't mention your plans to your creditors unless he/she directs you to.

Best of luck.

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NRA/GOA/SAF/USMC

Oregon residents please support the Oregon Firearms Federation, our only "No compromise" gun lobby. http://www.oregonfirearms.org
 
I did bankruptcy back in 89... chapter 13 is a business bankruptcy, not a personal... Personal bankruptcies are Ch. 7 and Ch. 11. Ch. 7, basically, you pay off anything you want to keep and you give up everything else. In a Chapter 11, you're restructuring your debts...you arrange for lower payment with your creditors, and pay them through the court...kinda like a debt consolidation loan... At least that's how I remember it...I KNOW about the Ch. 11, that's what I did...the Ch. 7, I'm not positive about, but that's what I seem to recall my lawyer saying.

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Mike
mnealtx@yahoo.com
 
I filed chapter 7 about four years ago. I felt really bad and was really nervous when we went to court.
When we got to the courthouse, there were so many people filing that they had the hearings sectioned into fifteen minute groups and they were two groups (1/2 hour) behind. People were lined up out the door. Yeah, it stinks, and no one wants to do it, but I later found out that there are a lot of people whom I really respect that have had to do the same thing.
Talk to a lawyer and don't feel too bad about it. Remember you did the best youcould.
Just don't wait till the last minute. My friend filed before creditors started calling, I was stupid and thought I could avoid BK. Unfortunately, I couldn't, but in the mean time I got a lot of calls and earned a lot of 30-90 day late pays by waiting the extra couple of months.
Good luck!
 
Thanks for all the replies, and to those who emailed as well. I'm going to see an attorney who specializes in this, but after reading my state's laws, I think I'd be better off cashing in my life insurance to pay for the debts that the sale of my equipment won't cover. Besides, I feel very guilty about stiffing some company I owe money to if there's a way to get around it. Also, another clincher was finding out that my guns would be taken. Could I afford to buy more in a couple of years? I hope so. Will I be able to legally? Who knows?

Dick
Want to send a message to Bush? Sign the petition at http://www.petitiononline.com/monk/petition.html and forward the link to every gun owner you know.
 
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