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FiveStarLaw
FiveStarLaw, Attorney
Category: Legal
Satisfied Customers: 36494
Experience:  25 years of experience helping people like you.
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my next question then becomes, if i cant afford to pay the

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my next question then becomes, if i can't afford to pay the minimum due on the credit cards every month from hereon in, and i can't come up with $2000 for a bankruptcy attorney, since i'm 61 years old, and i'm on SSD, if i simply don't pay the creditors, what will happen to the house and car? if i can somehow convince my parents to pay a bankruptcy attorney, what about the car payment every month? i need to keep the car. i live on top of a mountain; alone. and i still need a house to live in.
Submitted: 10 months ago.
Category: Legal
Expert:  FiveStarLaw replied 10 months ago.
Hello,

Thank you for your question. I am a New York licensed attorney and my name is Ellen. I will do whatever I can to answer your questions!

Can you please explain your situation in more detail
Customer: replied 10 months ago.

a long story. i came upstate from NYC with lots of credit cards in 2003. wound up unable to find work and bankrupt in 2004. i moved into this house in Jan 2005. a miracle. i started getting checks and was able to re-establish credit & lead a comfortable life although i wasn't working. i had been disabled in 1995, worked while disabled for a number of years and went back to disability on 9/11/2001. so i was disabled and not working but receiving checks that enabled me to re-establish credit. today, very suddenly i've learned that i won't be getting the same amount but perhaps 1/5 of what i had been getting over these years. my credit cards are at the maximum because of some illnesses with the cats. my minimum payments exceed my SSD money. i wasn't expecting to have the rug pulled out from under my feet today and thought i'd get the cards paid off in a little while. apparently i can't do that any more. i gave my old car away because the repairs were so expensive and i can't fix cars myself. my family helped me purchase a new car last year with a 5 year loan. the house had a private lender nearly 10 years ago and i have 10 years of monthly payments left on it. the mortgage is cheap. i could probably swing the car and the house. but not with $1500 credit card minimum payments every month. i probably couldn't afford to go bankrupt without help from my family. but i'm not sure if i should try to go bankrupt because of the car and the house. or simply not pay the creditors that i couldn't afford to pay. they could put a lien on the house but they couldn't take the house because of my disability. if i pay for the car and the house and not pay the credit cards would i be better off than going bankrupt? i don't know which scenario is the lesser of the evils. i would prefer to be paying everything, but that's impossible for me to do. so i need to ask you, should i try for a bankruptcy, or should i just pay who i can and not pay the others?

Expert:  FiveStarLaw replied 10 months ago.
Hello Aster,

Thank you for that very clear explanation.

How much equity to you have in the ca and how much equity do you have in the house?
Customer: replied 10 months ago.

not much equity in the car. i've paid 1 year and have 4 more to go. i suppose there's a little more in the house. i paid for 10 years and there's 10 more to go. but with the house, it was a 13% rate and mostly interest was paid in the beginning. i'm paying something on the principle now. but i really don't know, so i can't answer your question.

Expert:  FiveStarLaw replied 10 months ago.

Thank you Aster.

As you likely know SSD cannot be attached by a creditor. Since you have no equity to speak of in the house or in the car, you do not appear to have any assets that can be attached by a creditor. Therefore, if you don't take any action, your creditors may file suit against you but will not be able to compel payment

Please let me know if you need any clarification. I would be glad to assist you further if I can
Customer: replied 10 months ago.

thank you very much. it seems to me, then, i would be better off with not filing a bankruptcy and just letting things be. i could try to pay maybe 1 card monthly, but my guess is, once the other cards are left unpaid, all the companies will close my accounts; even if 1 of the cards gets paid, they will hear about me defaulting on the others and close my account. my guess is, it's all or none. my first concern is the house, the car, the electric , the car and homeowner insurance. i do hope i can manage the school tax that's due 10/31. i don't need a tax foreclosure now too. the other services: the cable, the phone...... it would be nice to keep that too. i need the computer. i wish this was just a dream, but i'm not waking up. my new life of poverty is ahead of me. misery. but at least i'll have a place to live and wheels to get to the supermarket. thank you.

Expert:  FiveStarLaw replied 10 months ago.
Yes Aster that seems about right

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Thanks again and all the best to you.

Ellen
FiveStarLaw
FiveStarLaw, Attorney
Category: Legal
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Experience: 25 years of experience helping people like you.
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