Anyone In Debt Again After Bankruptcy?

[gwens29]

My Aunt Filed Ch 13 I Think About 2yrs Ago And Is On Disability Soc/ssi And Has Run Up A 3,000 Credit Card Bill :( I Have No Experience With This Sort Of Thing She Is Worried They Will Garnish Her Check Etc..does Anyone Know The Rules Here?

[cinnamonch]

No one can garnish your Disability/SSI check.

What she has done is a prime example of what most people do when they file bankruptcy. Instead of changing their spending habits, they continue along the same way and end up in the same place if not worse than when they first filed.

You need to get her to cut that card up and if there is anything that has been charged that can be returned then do so.

[barbaric]

She can't pay at least the minimum payment?

[gal3m]

I believe the only thing they can take out of anyone's ssi/disability check is child support and back owed taxes. Depending on how far behind on payments she is to that cc, she could try calling them and try setting up some sort of payment arrangement with them.

I found this page, which may be helpful...

http://www.ssa.gov/OP_Home/rulings/oasi/41/SSR79-04-oasi-41.html

[gwens29]

thanks all i i feel sorry for her those cc companys seem to prey on the eldery :( i will try to talk to a legal aid lawyer

[cinnamonch]

Don't want to offend you but I don't fault the credit card company. They may send out these offers but no one is making anyone sign up for them and even if you do a card, no one is telling you to run up a $3K debt that you know that you will never be able to pay.

[mistressB]

why is she worried about them garnishing her checks? is she planning on not paying them back? i think it's wrong to make a huge debt and then refuse to pay it back. the credit card company will make a settlement with her if she is willing to work with them, they will wave most or all the interest and fees if she is willing to pay back the origional dept. maybe she can sell all the stuff she bought to help her give them the money that she owes them.

i thought if you file bankruptcy you can't get credit for 7 years or something?

[cinnamonch]

i thought if you file bankruptcy you can't get credit for 7 years or something?

You can get credit the same day you file, you just end up paying a higher interest for it.

[barbaric]

thanks all i i feel sorry for her those cc companys seem to prey on the eldery :( i will try to talk to a legal aid lawyer


How are they preying on the elderly? It seems she is preying on the cc companies. She owes this.

[gal3m]

I don't know why everyone is so quick to judge this lady. Maybe she used the cc to buy medications with (medicaid does not cover all prescriptions) or she used it to repair her vehicle, buy necessities like toilet paper and toothpaste, clothing, medical equipment, etc. Yes, she does owe the money but that doesn't mean she went out on some shopping spree right after she filed bankruptcy and said screw the bill. We all have unexpected expenses pop up when we least expect them and we do what we have to do to survive. JMHO.

[mistressB]

I don't know why everyone is so quick to judge this lady. Maybe she used the cc to buy medications with (medicaid does not cover all prescriptions) or she used it to repair her vehicle, buy necessities like toilet paper and toothpaste, clothing, medical equipment, etc. Yes, she does owe the money but that doesn't mean she went out on some shopping spree right after she filed bankruptcy and said screw the bill. We all have unexpected expenses pop up when we least expect them and we do what we have to do to survive. JMHO.

to me it doesn't really matter what a person buys, if they knowingly go out and charge things they can't possibly pay back it's wrong. just like it would be wrong to steal a loaf of bread if you were starving, it's still stealing.

[twinkiesmom]

to me it doesn't really matter what a person buys, if they knowingly go out and charge things they can't possibly pay back it's wrong. just like it would be wrong to steal a loaf of bread if you were starving, it's still stealing.
ITA. That's why this lady is worried. She wasn't planning on paying this cc. She got out of it once by filing chapter 13. JMO. This woman had no business w/a cc to begin with.

[Quaker_Parrots]

I know she can't file bankruptcy again for I believe it is 7 years. Also, they might not be able to garnish her check, but they can take her to court, and possibly win, and go after her property.

[Bud_Girl76]

I don't know why everyone is so quick to judge this lady. Maybe she used the cc to buy medications with (medicaid does not cover all prescriptions) or she used it to repair her vehicle, buy necessities like toilet paper and toothpaste, clothing, medical equipment, etc. Yes, she does owe the money but that doesn't mean she went out on some shopping spree right after she filed bankruptcy and said screw the bill. We all have unexpected expenses pop up when we least expect them and we do what we have to do to survive. JMHO.


ITA this is all you see on this baord anymore is poeple judging people the OP only asked a question and everyone jumps on this lady who has the CC.. I would NEVER vent & whine on this forum all you get is flames from people.. :rolleyes:

[gwens29]

her husband recently died and she was a little in debt then and i guess with out his income she had to use the card to get by...she is a good lady just in a lot of depression and pain right now and flooded with bills .

[LazyTimeGirl]

I'm sorry but if the woman filed for bankruptcy 2 years ago and now has charged up enough stuff on her credit card that she can't pay for, then I find it hard to have sympathy for her. If we as a society are going to bail people out of bankruptcy, I would expect them to at least learn from their mistakes and not repeat them. Must we bail these people out forever?

[Barbi_Route66]

I totally agree with gal3m.

Perhaps the lady needed to use a credit card for costly auto repairs & medicine (which all of you know that even with health insurance is very expensive). Sometimes people get into a bind, especially the elderly. After the rent & utilities are paid, people are sometimes in a bind of whether to buy groceries or medication.

You mentioned that she previously filed Chapter 13 Bankruptcy. I'm not certain but I think that's where they set you up on monthly payments that you pay directly to the Bankruptcy Court Trustees. I think Chapter 7 is where you debts are forgiven.

Whatever happens, I hope things work out for your aunt.

[EricsnKy]

Um Whoa ! None of you are in any position to judge this lady. I cannot believe some of the responses in this thread, well wait I actually can! :rolleyes:

Perhaps this lady had to buy medication, food, or other things. Just because she is in debt does NOT mean she did not live frugal and tried to live by her means.

However CC companies do not "prey" on the elderly. When you sign to the terms and conditions you agree to pay the debt and all interest it acures.

Still, there is no reason for such harsh replies that have been seen here. If the lady did file chapter 13 than no one "Bailed her out," society sure as heck didn't. In a chapter 13 bankruptcy the debtor makes payments on his or her debt to at trustee.

Lets at least know what we are talking about before we attempt to discuss a subject. :mad:

[mistressB]

again, it doesn't matter what the curcumstance or what she bought with it, to charge things you know you cannot pay back is wrong, end of story. it's the same as stealing.

[EricsnKy]

How do you know at the time she made the charge that her frame of mind was "okay I know I cannot make the minimum payment, BUT I'm gonna charge this anyway."

It's not our job to judge anyone, leave that to big guy in the sky. ;)

[mistressB]

How do you know at the time she made the charge that her frame of mind was "okay I know I cannot make the minimum payment, BUT I'm gonna charge this anyway."

It's not our job to judge anyone, leave that to big guy in the sky. ;)

she obviously has trouble paying her bills if she had to file bankruptcy. i'm an athiest, so i do all my judging for myself.

[Bud_Girl76]

again, it doesn't matter what the curcumstance or what she bought with it, to charge things you know you cannot pay back is wrong, end of story. it's the same as stealing.


Who is to say she bought those things with the intent not to pay certainly NOT YOU boy you are really quick to jugde everyone in this forum..Things do happen to where you can't pay your bills on times ect. You don't know her so stop judging her.. I cannot believe some of these replys in this thread.. :rolleyes:

[mistressB]

i can judge whoever i want. i was just going by the facts, this lady filed for bankruptcy and 2 years later has another huge dept that she can't pay for. everyone else is saying "well maybe she needed to buy this or that" no one said that she had any intention of paying, they are all saying that it's ok to buy things you can't pay for providing the right curcumstances, that doens't sit well with me. i'm sure she didn't charge $3000 in dept and the next day go, woops, i can't pay for any of this stuff. at some point during that time she had to have known that she couldn't possibly pay it back.

[gal3m]

It's so nice that some members of this board who choose to judge others lead a perfect life. I sincerely hope that you are never in the position of having to go without the necessities you need since you would never run your cc up for things like that. Oh wait, perfect people never find themselves in that position. :rolleyes:

And society is not "bailing" anyone out of debt in a Chapter 13. Yes, you're unsecured debts are forgiven in most instances but you have to pay back all secured debts through the trustees office. Since cc fall under the unsecured debts, the cc company takes a loss. However, I have never heard of anyone's interest rate going up because of this. If your interest rate goes up, it is because you are in default or the prime rate has been raised, and we can thank Alan Greenspan for that.

[mistressB]

i never said i was perfect. i have had debt before, but i either paid it back, or am paying. someone on a fixed income who knows that they will never pay something back because they will never get a job and their income will never improve should not be charging things when they get in a bind.

[gal3m]

Obviously, mistressB, you find youself to always be right. Frankly, I don't have the time nor inclination to turn this thread into a sparring of wits so I will just agree to disagree with you. I do not want this thread to be closed because someone might actually have information that would be beneficial to the OP, which I believe was the entire reason for the thread. Have a good day!

[Barbi_Route66]

It's not our job to judge anyone, leave that to big guy in the sky. ;)

Amen!!!

[inparadise]

her husband recently died and she was a little in debt then and i guess with out his income she had to use the card to get by...she is a good lady just in a lot of depression and pain right now and flooded with bills .

I wasn't sure anyone saw her last post. I think she was asking for an anwer to her question, not personal opinions. :rolleyes: Pray this doesn't happen to those who are being insensitive. Or maybe I shouldn't say "pray" cause then there will be another thing to go on about. Going back to lurking for good reasons...obviously.

[~Mom-Mie~]

just to let you know that Chpt 13 Bankruptcy can be filed EVERY six months! Yes I said every six months! Chapter 13 Bankruptcy is where the court will set up payments arrangements for you to repay your secured loans. In some instances I have seen where credit cards got back some of their money as well but this is not usual.I worked in financing and I seen it time and time again. On the other hand it is true that you can not file Chpt 7 Bankruptcy until after 7 years.

As for the Lady with the $3000.00 credit card bill,I hope you find a way out of this mess. good luck! :) :)

[mistressB]

I wasn't sure anyone saw her last post. I think she was asking for an anwer to her question, not personal opinions. :rolleyes: Pray this doesn't happen to those who are being insensitive. Or maybe I shouldn't say "pray" cause then there will be another thing to go on about. Going back to lurking for good reasons...obviously.

obviously people here, christians no doubt, think that stealing is ok. i think that's pretty funny.

[EricsnKy]

:rolleyes: I too, will just choose to disagree with you and move on. I don't have time to deal with holier than thou attitudes, no pun intended.

To the OP, I wish your relative the best of luck in overcoming her debt.

[cinnamonch]

obviously people here, christians no doubt, think that stealing is ok. i think that's pretty funny.


MistressB,

I really love your assumptions. Please explain how this woman is stealing? No where in the original post was it stated that this woman wasnt going to pay the bill. The OP just wanted to know if her aunt's SSI check would be garnished. For all you know, she could be trying to make arrangements and wanted to know if her money would be ok while she did.

gotta love how the athiest know everything :rolleyes:

[woeu]

What "mean " people we have on here. Yes, mean. How can anyone judge someone else? The poor lady lost her husband and is trying to cope . I hope that the people that posted such negative things , that you never lose your job, loose a love one to death , contact a disease . All these things might put you in the same place as this poor women. I teach elementary school and I am amazed at how some children are so mean and rude to other students. This forum proves it again ,the children learn from their parents.

[Missysmom]

:( :( :(

[mistressB]

MistressB,

I really love your assumptions. Please explain how this woman is stealing? No where in the original post was it stated that this woman wasnt going to pay the bill. The OP just wanted to know if her aunt's SSI check would be garnished. For all you know, she could be trying to make arrangements and wanted to know if her money would be ok while she did.

gotta love how the athiest know everything :rolleyes:


Don't want to offend you but I don't fault the credit card company. They may send out these offers but no one is making anyone sign up for them and even if you do a card, no one is telling you to run up a $3K debt that you know that you will never be able to pay.


sorry cinnamonch, i got that idea from you. i didn't think that she had done this without intention of paying until you stated it yourself. did you realize that everyone else wasn't going to agree with you so you decided to switch sides? or is it because i'm an athiest? i never said i knew everything, but i do know how to read between the lines. i saw that the woman was WORRIED that she will be garnished, that she is on a fixed income, and that she made the debts after she lost her husband's income. in only led me to what you origionally said.

[mistressB]

What "mean " people we have on here. Yes, mean. How can anyone judge someone else? The poor lady lost her husband and is trying to cope . I hope that the people that posted such negative things , that you never lose your job, loose a love one to death , contact a disease . All these things might put you in the same place as this poor women. I teach elementary school and I am amazed at how some children are so mean and rude to other students. This forum proves it again ,the children learn from their parents.

i'm not trying to be mean, and i feel bad for her loss. but bottom line is she made these debts and from what the OP said it doesn't sound like she can pay them back. if you have a fixed income, you can't go buying things you can't pay for. i don't understand why everyone thinks this sort of behavior is ok. if i came online and said that i was hopeless so i go out and steal things i need like food, clothes, and personal items you bet i would get flamed badly. i would be told that stealing is wrong and that i didn't need to steal, that there are plenty of resourses out there for me.

it doesn't matter. the credit card company will send it to collections, collections will harrass the lady non stop, but unless she has personal property or a bank account that they can garnish they will never see a penny of that money.

[krystalbubbles]

Actually, social security CANNOT be garnished for debts. The cc company is going to have to go about it another way. Yes they can take her to court, yes they can get a judgement against her, but no they cannot garnish her check.

I would suggest calling the company and asking them to close the account. Then I would let them know the situation and ask them if they would work with me and set up payment arrangements. Sometimes, and I do mean SOMETIMES, they will allow payment arrangements to be set up with a 0% interest rate as long as the debt is being paid on time and according to the arrangements.

Good luck to the OP and her family!