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  1. #1
    Join Date
    Mar 2008
    Posts
    3

    Default What Do I File?

    Almost 2 years ago I got into an automobile accident and totaled my car that I owed a little over $7,000 dollars on and I didn't have insurance. I was in the hospital for like 2 months and acquired a large hospital bill, but luckily I had health insurance so it practically paid all of it but about $2,000 to $3,000. So all together I have accumulated around $9,000-$10,000 in debt. Now, I am in the middle of a disability case because the doctor had to remove alot of my left lung. It should go through but it might not. If it does, then I should have a large lump some of money this summer that I can pay these bills off with. But, everyday I keep getting phone calls all day and letters in the mail, and they just don't understand, I am working on it. And, the thing is, the disability might not even go through, so I am tired of this so I have decided to file for bankruptcy but which?

    I understand that chapter 13 you will be on a repayment plan, so I probably shouldn't do this because I don't have any income and I might not have any for anytime soon. So can I file chapter 7 for this small of a debt? And if the disability backpay money comes through I will have to pay all of it at one time??? or what?

    Thanks for any help

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: What Do I File??

    There is a lot of things to consider when thinking about bankruptsy. Things you own like cars, houses, etc. We don't have all the facts and don't know where you live as this varies from state to state. Sometimes they can attach future monies and sometimes they don't. But it will stop the harrassment that your getting right now.

    What I would highly suggest is that you consult an attorney. Most consults are free. You need legal advise bc although ch 7 maybe a good idea for you, you can't file another one for quite some time. This may be an issue if you have prologed medical debt. That is, if the bk is filed and discharged, you will be on the hook for future medical debt if it occurs. An attorney is your best bet.

    No one here can tell you what a trustee/judge will or wont do with potential monies, it is potential bc there is no guarentee that you will get it. I wish I had better answers for you, very sorry.

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