Bankruptcy Law/getting rid of old debts
Expert: Mark J. Markus- California Bankruptcy Attorney - 2/23/2005
QuestionWhat chapter would by used in a case like this? How much would it cost? How would it affect my credit? Is there another way to get rid of these debts?
Thank you,
Josh
-------------------------
Followup To
Question -
At one point I had good credit. I got into a financial slump and got behind with all my creditors. Once I was back into a position to pay off my debts, I made payment arrangements with all my creditors. Most have been paid in full. Three of them were not. One car loan, a credit card from the same bank, and a credit card from another bank.
My agrreement with both banks was that I would begin making payments (slightly more than original) and the accounts would be marked as current (paid up to date as of my first payment under this agreement). After 6 months of on time payments, it was to be reported on my credit as not delinquint, and one of the credit cards was to be reactivated.
After 3 months of consecutive on time payments, one bank called me threatening to reposses my car (car had been totalled, and I was paying off what the insurance didn't). They told me no deal had ever been made, and I now owed the full amount up front or the car. I refused to pay any more at that point. Both accounts from that bank were charged off. A collection agency later made payment arrangements concerning this debt with me. The first of these payments to be due in 90 days as I had recently moved and started a new job. 28 days later I recieved a letter stating that I owed the full amount because I broke my part of the payment arrangements.
After 9 months, I checked my credit report and found the other credit card still past due. I called the bank and asked why it was never reported as agreed, and was told that the deal I made was not possible and whoever told me it was had lied to me. I then refused to make any further payments. The account was charged off.
I have no intentions to pay either of these debts. This happened over 3 years ago, and I have since then aquired other small debts. Several have been paid in full. I am trying to rebuild my credit, but these three charge off's are stopping me from doing a lot.
My question is what can I do about these old debts that I don't intend to pay? Would bankruptcy be an option? What chapter? Is there another way without bankruptcy? I don't want to ruin the past two years of positive credit history trying to fix something older. Will these drop off my credit report after a certain time frame?
I'm sorry this question is so long, I didn't want any variables left out that may affect the answer.
Thank you in advance,
Josh
Answer -
Bankruptcy is definitely an option to consider.
AnswerThe questions you are asking can only be answered after a comprehensive consultation with a bankruptcy attorney in your area. It's not possible to assess which Chapter you should file nor do I have any idea where you live or what fees are charged there, etc.