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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

127.0. "Penalties for Bankruptcy after divorce" by CSC32::K_JACKSON (It's not a dungeon-it's a F.U.D.I.) Wed May 01 1991 10:26

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				Thanks,

				Kenn
-------------------------------------------------------------------------------

    Scenario:

    In the next couple of weeks I have to bye or lease a new or used
    car, but I have a major problem. During my divorce the court
    granted my Ex-wife the possession of the car, which I did not
    have any problem with the decision, the reason for that was because I
    drive a company car. Two month after the divorce took place, I found
    out that the car was repossess. The car was under my name, not only
    that but 6 month ago I made I MAJOR Mistake.

    In order to alleviate the financial weight that I was, it was suggested
    by my lawyer that it will be better if I claim bankruptcy so I did,
    Today I regret it, why... In the next couple of week I will be
    relocating back to Massachusetts, that means that I will no longer have
    a Company Car, I will no longer will be working in the Field (digital
    Services).

    To summarize, I don't have a car.

    Question:

    I will like to know what are the penalties in the state of
    Massachusetts for those who claim Bankruptcy.

    The Truth, I don't know what to do.

    I truly will appreciate all the feedback and help.

T.RTitleUserPersonal
Name
DateLines
127.1AIMHI::RAUHHome of The Cruel SpaWed May 01 1991 15:0510
    Your credit should be fine. You will get more offers that you wish for
    you can only claim bankruptcy once in every 7 or 10 years. If you were
    doing fine before the divorce, then things should get better. Perhaps
    at first you may not be in a good situation, but you may find out that
    later its fine. IF your turned down in the beginning go for one of
    those advertised places that will acept you reguardless of you credit
    history and be careful cause they want to play on your self believed
    failure. (when we know all along that your not! :-)  )
    
    George
127.2from my experience--been *there* tooCSC32::HADDOCKAll Irk and No PayWed May 01 1991 15:1410
    Not in mass.---but.
    
    If you have re-established credit after the bankruptsy,  ie. credit
    cards, some minor loans paid off, etc,  you will probably be able
    to get credit, but you will probably have to go to several places
    before you find it (expect to be turned down a few times), and you 
    may end up paying a few points higher interest rate than you would 
    have otherwise.
    
    fred();
127.3AIMHI::RAUHHome of The Cruel SpaWed May 01 1991 15:273
    But you will live and someday prosper agian. It is not the end of the
    world. There are many folks filing these days. A recession??? Try
    depression@!!
127.4why not?LUNER::MACKINNONThu May 02 1991 10:133
    
    
    Why not buy a used car???
127.5A late model Caddie? :-)AIMHI::RAUHHome of The Cruel SpaThu May 02 1991 12:431
    
127.6Information please....SALEM::DACUNHAMon Feb 10 1992 11:4723
    
    
    			It seems my situation is forcing me to 
    		consider filing.  I know there are several "chapters"
    		under which a person may do so, but I don't know much else
    		about it.
    
    			Could someone please help me out with some factual
    		info on bankruptcy?
    
       			How much $$ to file?
    
    			What credit lines are affected?
    
    			What happens to the debt?
    
    			Other consequences???
    
    
    
    				Thanks in advance
    
    					Chris
127.7AIMHI::RAUHHome of The Cruel SpaMon Feb 10 1992 11:5612
    Best thing to do is seek councle on that. Chapter 13 is personal bank.
    If you take a ride to 300 Chestnut St. in Manchester there is a
    bankruptcy court/do-dha there and there are folks to talk to and get
    info on whats what. 
    
    I have heard both pro and con about filing 13. Pro, is that because
    you have filed and its 7 years out before you can do it agian. You
    can get all the lovely loans you want. The con's are all the fears
    you have imagined where you cannot by a loaf of bread without a
    drivers lic and etc.
    
    Geo
127.8A little info from experianceJOKUR::JOKUR::LASLOCKYMon Feb 10 1992 12:5643
    To start with find a lawyer that specializes in bankruptcy.  One thing
    to remember is bankruptcy is done in a Federal court.
    
    There are 2 types of personal bankruptsy.  I think they are chapter 7
    and chapter 13.  Now, don't quote me on this but, one is when there is
    no hope of paying the debts and the other is working out a schedule 
    with your debtors for repayment.  I think over a maximum of 3 to 5
    years.  
    
    The cost depends on the lawyer.  It cost me $1,000, cash, upfront,
    nochecks.  You can usually have a free consultation prior to your
    decision to file.  
    
    You do NOT have to list all of your debts in a bankruptcy.  Only list
    the debts you want to have dismissed.  If you have a loan on an asset
    (ie a car) then you have to list the debt but you can reaffirm the
    debt, which takes it out of the bankruptcy and makes you responsible
    for the debt.  I did this with an auto loan and a financing charge for
    furniture.  My advise would be to keep a bank card if you can for
    emergencies because it will be a long time before you will get another.
    
    I believe that this goes into your credit file so any credit
    application will be affected.  This does not mean that you can't get
    credit, it means that it will be difficult at best and you might have
    to pay a higher interest rate.
    
    How the debt is discharged is up to the court.  In my case they just
    wrote off the debt.  I had more than enough assets in my share of the
    house but they didn't do anything with that.  It was really strange.
    If you want to get an education on how the court works just find a 
    bankrupcy court in your nearest federal building and just watch for 
    awhile.  I was in the court in Boston recently, with a friend, and they
    schedule them in 10 minute intervals, a real productionline......next.
    
    The best advice is to avoid it if you can.  If you have to be smart 
    about what you file for and make sure your lawyer knows what their
    doing.  If you file, you can not file again for 7 years so be sure you
    can handle any debt you keep.  The good news is that there is life 
    after bankruptcy.
    
    Hope this helps
    
    Bob
127.9O)n and OnSALEM::DACUNHATue Feb 11 1992 11:416
    
    
    
    			Thanks for the replies and mail.
    
    		                                 Chris