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Home > Ask The Get Out of Debt Experts > I Went Bankrupt 13 Years Ago and Now I’m in Trouble Again. – Cynadra

I Went Bankrupt 13 Years Ago and Now I’m in Trouble Again. – Cynadra

“Dear Steve,

I had to file 13 years ago due to loss of income and health related incidents. was able to get back on track and even buy a home . now, 13 year later, am having like a bad dream reliving, Husband suffered heart attack, was out of work for year, also was unable to return to PT job that he had for years, Had to live on credit, charged oil for heating, food, prescriptions, major car repairs, medical, utilities, on top of what we already had had, (which at the time we were able to handle). No creditors are calling as of yet, I am still
up to date on Mtg, But I dont have $20.00 come pay day..

Can I call creditors to have payment reduced..? Mtg. already said that is as low as they will go… I am thinking about selling my home, before I loose it, I am one paycheck away from not having the payment. But the market isnt that great. What shld I do. I cant not afford to stress my husband. Life is too short.

Cynadra”

The Answer

Dear Cynadra,

While you went bankrupt 13 years ago the current incident is not related and as such I think you need to look at this as a totally separate event. They are not intertwined.

It seems that right now the primary goal is to reduce your life down to one of the least conflict and stress to better help manage the medical conditions that exist.

In order to do that with the least amount of stress it might actually be necessary to consult with a bankruptcy attorney again. Bankruptcy would at least give you the most consumer protection and shield against continued debt collection while you sort this out.

Before we can get to the bottom of this I have some additional questions.

  1. Is your husband currently back at work?
  2. Do you have some income coming in?
  3. How much equity do you have in the home based on what you believe to be its current value?
  4. If you did not have the unsecured debt to deal with, could you get by each month and afford to save a little?

Please update me on your progress by posting updates here in the comments section of your question. I’m very interested in how this works out for you.

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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Cynadra

    Steve,
    we have taken your advice and spoke with a Lawyer, He agrees that we
    should file. However, that means putting the house to be sold on hold
    for awhile. We are now starting to recieve phone calls from creditors.
    The lawyer said that this would happen until he contacts the creditors.
    and to tell them that we retained a lawyer and to refer them to him.
    My question, how long does this usually take. We did not go through
    this process 13 years ago when we filed, it seemed like it was done
    very quickly. I dont want them to start calling me at work. The
    answering machine is filled with calls when I come home. Should I
    be returning thier call when I come home, or do I just let the lawyer
    handle this. I am afraid that they may start calling me at work.

    • http://GetOutOfDebt.org Steve Rhode

      Cynarda,

      Once you file and get a filing number for your case you can give that and the contact information for your lawyer and that should neutralize most of the calls quickly.

      In the meantime you can speak to the creditor and give them the contact information for your lawyer once you’ve retained them. It will slow the calls till you file.

      Thanks to bankruptcy reform in 2005 it has now become a more complicated process. Stupid bankruptcy reform. Blahhh.

      Steve

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