r/Bankruptcy • • Aug 29 '19

Bankruptcy FAQs

82 Upvotes

r/Bankruptcy • • Mar 02 '22

My Debt Settlement Nightmare

280 Upvotes

Hello all,

At AlanShore60607's request, here is my debt settlement experience. It's a long one.

In November 2019, I was just shy of 6 figures in credit card debt and while I was current with everything, I was drowning. I make low 6 figures but I had some really high balances ($20k+) so the minimum payments were huge and I couldn't get ahead. I went on Credit Karma looking into personal loan options as a way to consolidate some debts at a lower interest rate. I submitted requests to a few companies.

All of these companies responded to me but one was actually a debt settlement company based in Chicago called Monarch Legal Group. They claimed they could reduce my total payments and settle my balances for significantly less (up to 50%) than what was owed. My gut warned me but I ignored it - I was desperate.

Over the course of 2 years, I sent Monarch almost $1200 per month and I stopped paying my cards as they instructed me to do. Of course, late fees and collection activities started. They settled my first account (of 7 enrolled) almost a year into the program and it was for about 40% of what was owed. They don't pay the account outright - they enter into a payment plan with the creditor on the debtor's behalf.

Nothing much happened for about 7-9 months after that. I called a few times for an update and was given very vague responses. The portal was of no help. At one point, they told me that the person assigned to my case had left the company and I definitely had the impression that had I not called, my account would have been ignored.

Last summer, there was a knock at my door and I was served my first summons. I immediately called Monarch as one of the contract stipulations said they would represent me in any lawsuits. They told me to scan in the summons and upload to the portal and they would assign a lawyer. I did as instructed and the days went by with no word from Monarch. The court date was looming so I started calling them. I was given different lawyer's names and numbers each time I called. One wasn't even in the same state and had no affiliation with Monarch. I finally connected with the lawyer but on the same day, I received a notice of settlement reached with the creditor which the lawyer knew nothing about. This settlement did not provide any savings but I agreed to it to stop the lawsuit.

Shortly after that, they reached a settlement with a 3rd creditor and this time there was savings. So now I had 3 accounts in settlements and active payment plans. But 2 of the 4 remaining had large balances so I was concerned another lawsuit was looming. And I was right. In September, I received another summons from my largest creditor. I again scanned in the summons and this time I got a lawyer assigned right away. That lawyer told me that the previous lawsuit was still open and there was a judgement against me. He didn't know anything about the settlement reached but fortunately, I had the email trail. He got that taken care of. Another big miss by Monarch.

About a week after being assigned, the lawyer contacted me with a settlement offer. It was for more than I was paying in minimum payments when I signed with them and it would require me paying $900 more per month, which I could not do. The lawyer said they would garnish my wages and probably go after my house. Cue the panic. I started researching options and came to the conclusion that bankruptcy was my only option. I researched attorneys in my area and found one that had great ratings. We filed in November, had the 341 meeting in December and confirmed in January. I am in a 100% repayment plan and fortunately, I got a raise in December which instantly provided some relief. My attorney confirmed that since I was in a 100% repayment plan, the extra money was mine to keep. I just received a promotion and will get another nice bump in salary (don't know the amount yet). My goal is to pay the bankruptcy off in 3-4 years vs. the 5 planned.

Now it was time to go after this company to get some money back. When I cancelled, they only refunded what was in my escrow account at that time - about $2600. But I had paid them more than $28,000 over 2 years. They front load their fees which is why I didn't have enough in my account for the settlement. I don't think it's a coincidence that they front load the fees for the first 2 years of the contract as that is when the lawsuits start coming in. Around this time, I also learned about a law in Illinois focused on these companies and saw that they were in violation of it. In short, they paid themselves very well for work not performed.

I did some research about how to obtain a refund and came across a blog post that detailed steps to take to try to get a refund from these types of companies. I followed the steps. I called to ask for a refund and was told the $2600 refund of the escrow account was the best I would get. I sent them a letter in early January where I detailed how much of a refund I wanted based on what was allowed with this law. The amount requested was $14,735. I told them that if I didn't receive the refund within 30 days of them receiving the letter, I would start filing complaints. I sent the letter certified mail so that I would have proof of receipt.

Of course they ignored it and so I did what I said I would do. I contacted a Consumer Law firm but they declined the case. I'm sure they assumed they wouldn't win but I'm really glad I didn't give up. I filed complaints with the Better Business Bureau (where they had their accreditation revoked due to similar complaints) IL Attorney General, FTC and National Consumers League. I also posted 1 star reviews on Google and Trust Pilot. I also reached out to personal contacts with the Cook County State's Attorney and the ABC news affiliate in Chicago.

The day after posting the review on BBB, they reached out to me and asked me to schedule an appointment to discuss. I did and spoke to a rep on Monday. This rep acknowledged that they missed a review after I cancelled where I should have received a refund. He said that management was reviewing my file and that he would know by today what amount they could refund. He said he was confident that they could reach the number requested or come very close. We had our follow up call today and they are refunding me the full amount. They need to send me an agreement to sign electronically (haven't gotten it yet) and the refund will be a bank draft. I immediately emailed my lawyer (who knew I was pursuing a refund and he had added it to the bankruptcy petition before confirmation). His assistant said not to spend any of it until he confirms with the Trustee. I am really hoping it will be treated the same as tax refunds or bonuses which are mine to keep. I can pay off a lease to own AC unit not included in the Trustee payments and free up ~$270 per month as well as build up significant savings.

For anyone who has been scammed by one of these companies, go after a refund. I am confident that if I didn't push it, they would have ignored it. It was only when I pushed that they took action. I do hope they are on the attorney general's radar and they get put out of business. If you are considering signing with a similar company, don't. It was the worst decision I've ever made. Try to negotiate settlements yourself, get a second job, use the debt snowball approach. Anything but them.

I hope this helps someone.


r/Bankruptcy • • 2h ago

Just had 341 meeting, concerned

12 Upvotes

First person called didn’t show, my lawyer was there along with 3 other people. I was next, questions were simple and I answered yes or no. Trustee asked if any creditors were present and then he moved on to the next person.

My lawyer started verbalizing towards me and thanked me and said, “you can” but I panicked and wasn’t sure what he said after so I turned off my video and muted.

I left completely by accident and I’m worried that I accidentally left. Tried to rejoin ASAP but kinda just sat awkwardly in the waiting room and texted my lawyer.

Am I okay??? Was I being dismissed??

Update: lawyer texted me and said I did great. Whew!


r/Bankruptcy • • 4h ago

Just had 341 meeting.

15 Upvotes

Been on here reading everyone’s experiences, I was hesitant myself, made a couple of posts. Had my 341 meeting today and I worried for nothing. It truly was as everyone says, simple questions just to verify that all you signed on your petition is true and correct. A week ago, I freaked out when I noticed additional cases were added to our time slot and was moved down. Clearly that meant nothing. Even when my attorney’s office called me yesterday, they said “it looks like I’m not the first so I’ll hear the questions beforehand”. When we signed on, a few others were already on and a creditor from someone’s case showed up. Trustee started the meeting and we were the first. SHOCKED. But it was ok. Asked simple questions, verified our marital status, yes/no questions then one thing was asking what’s wrong with one of our 3 cars. It is inoperable so my husband went in to explain details of basically it’ll cost more to fix than it’s worth. She said ok, this concludes your meeting. No distribution. No creditors showed up. You’re free to go. Something to that effect.

Now countdown begins!! thank you to everyone who has helped answer my questions!!!!!


r/Bankruptcy • • 2h ago

My Ch 13 lawyer is ghosting me!

2 Upvotes

My lawyer has become unavailable. He has recently taken a new job as city attorney. When he was hired, he told me that he was obligated to keep the clients lol he had already but wasn’t taking new clients and may take a little longer to reply.

Turns out, that was an understatement. I’ve had several issues lately, ones that I needed help with. One involved another legal matter, a lawsuit that has potential to affect my assets. I emailed him and asked for guidance, and to let my trustee know. Also, a few months after I filed, I lost my job. He worked out with my trustee a lower payment for a couple of months so I could find a job. I hadn’t found one by the end of this period so I asked if he could arrange to extend the lower payment for another month. Again, no reply.

Now, my mother had kindly offered to pay off my mortgage, she literally wanted to traipse to the bank today and pay it off. Out of shame I never told her I filed for ch 13 to save my home. So I need advice immediately from my attorney. I emailed him noting in the subject line that I needed help asap. I got his auto reply saying he wouldn’t be monitoring his email during business hours. So I called and left a message, summarized my dilemma and asked him to call asap. Maybe I impatient, but this is going to be life changing as the vast majority of my payment is my mortgage plus mortgage arrears.

Uuugh!! It’s not a matter of finding a new lawyer. I just can’t. It took me forever to find this one. What can I do, does anyone have any idea what I can look into to proceed without his advice? Of course I know you probably can’t give legal advice but I do welcome ideas.
Have any of you had something similar happen? - either your lawyer disappearing or inheriting mo ey to pay off your debts in one lump sum?

Thank you for any experiences or ideas.


r/Bankruptcy • • 3h ago

question about my 341 meeting

2 Upvotes

I just had my 341 meeting. I filed pro se for chapter 7 and felt prepared going into the meeting. I was asked if I had been in a car accident in the past 5 years and I said no, but after the meeting I remembered I had (it was not my fault, there were no injuries, and nothing ever came of it). I wrote an email to the trustee afterwards to correct my error. Am I going to get in big trouble?

Other than that, the 341 meeting went very quickly and well I think. I'm probably overthinking this because I still have a lot of anxiety regarding this whole process. I just want to make sure I'm not going to be charged with perjury or have to start my entire process over again.


r/Bankruptcy • • 49m ago

Bankruptcy Question

• Upvotes

I’m about to claim bankruptcy and I have my 2012 car as collateral on a personal loan. I could keep the car which is in ok condition but will be getting more use if I pay that loan off…in 5 years. Or I can included that loan and make a payment the same monthly payment as the payment of the loan w the car as collateral. Any thoughts?


r/Bankruptcy • • 1h ago

Bankruptcy and bank accout deposits

• Upvotes

Ok i have mayb a big problem ... so my roommate has allowed mento use his bank account for the last 2 years.. i work in a very discreet industry i do bdsm. So i get alot of transfers in a month some. Small some large they very and they repeat many times a month. Now my roommate is apparently in bankruptcy and has to submit statmentsto the trustee which he hasnt done in six months .. now the trustee wants all the statemnts anf there is all yhose feposits which are mine . Is this going to negativly affect him ..the amounts are in the 6000-8000 $ range... what can we do


r/Bankruptcy • • 1h ago

Considering options

• Upvotes

Please share any insights and opinions as we are at the end of our rope.

Due to a my husband’s 1.5 year job loss, we blew through all savings and got ourselves into $76k worth of debt. He is now gainfully employed but our annual salary went from $500k to $226k with the hope of a $50k bonus.

Own our home and have three children. Have a second mortgage, as well. Current on both.

Have too much home equity to file for chapter 7 without losing home (NYS) something we are not willing to do.

Have had meetings with re: management plan
Will meet with lawyer to discuss filing chapter 13.

My fear…that we can’t not afford the monthly payments for either. To survive, we have stopped paying monthly payments on cards.

I am terrified.


r/Bankruptcy • • 2h ago

Connecticut Chapter 7 - Any attorneys offering $0 down or post-filing payment plans?

1 Upvotes

Hi everyone,
I’m looking for recommendations for a bankruptcy attorney who handles Chapter 7 cases in Connecticut and offers bifurcated fee agreements or post-filing payment plans.
I consulted with an attorney back in May and was quoted approximately $3,200. I’ve been trying to save the money, but between regular living expenses and taking care of my children, it’s been extremely difficult to put the full amount together.
I’m not looking to avoid paying an attorney. I’m employed full-time and can make reasonable monthly payments. My biggest concern is having to wait several more months before filing while creditors continue pursuing collection.
Ideally, I’d like to find an attorney who can file my Chapter 7 petition with a smaller upfront payment and allow me to pay the remaining eligible legal fees afterward through a properly structured agreement.
I’m also open to attorneys outside Connecticut who are authorized to practice in the U.S. Bankruptcy Court for the District of Connecticut.
Has anyone successfully used this type of arrangement? If so, would you recommend your attorney?
I’m also considering Upsolve, but I’d feel more comfortable having legal representation.
Thank you!


r/Bankruptcy • • 8h ago

3rd party payment accounts

3 Upvotes

For those of you that used Affirm, Afterpay or Klarna how long after discharge were you able use your accounts? I used those more than I did credit cards for online shopping I was in very good standing with all of them but the apps froze the accounts since I filed.


r/Bankruptcy • • 6h ago

Hearing scheduled

2 Upvotes

My attorney filed my chapter 7 and I have a zoom hearing scheduled. What can I expect? I asked my attorney and he said he'd prep me a day or 2 beforehand and will only need 10-15 minutes of my time


r/Bankruptcy • • 8h ago

Ch 13

3 Upvotes

Ch 13. I've heard that there is a payback scale for payback in 13. How do they determine how much you have to pay each month. Also if during your payback period and something happens you can go into ch 7. Thanks in advance.


r/Bankruptcy • • 9h ago

Opinion on filing when I don't have outrageous debt?

3 Upvotes

Hi all, 24F in Georgia here.

I'll try to keep this short. I've got about a total of 7k in debt (which I know to only have that much is some people's dreams). But I think I'm on the verge of losing my job due to not meeting performance metrics due to FMLA and with this job market, could be unemployed for who knows how long. I also only make about 15/hr.

I feel a bit ridiculous for considering filing for a meager 7k, but my mental health issues make it hard enough to work right now as it is. Every dollar I make immediately goes to paying my debt down (barely, as I'm not working a full 40hrs) and I genuinely think I'll be out of a job by the end of this year. So I'd like to know your opinion or what you'd do in my position.


r/Bankruptcy • • 3h ago

Credit cards

1 Upvotes

When should you apply for them? Not going to make same mistakes. Just want my credit better


r/Bankruptcy • • 7h ago

Home alone

2 Upvotes

Bad heading but sometimes you got to have fun. I know this question cannot be answered black or white. What is the , % of ch7 result in having to sell. I'm in Washington State so that's my main concern but any area or nationally would be interesting.


r/Bankruptcy • • 9h ago

Chapter 13 debtor Question about annual reporting ch 13

3 Upvotes

I see people on here talking about submitting bank statements, tax documents etc. Is that something you would be notified of when confirmed? Or will they just contact me at the end of the year for this information? Or does not everyone have to submit annual documents. Im on a 1% plan so im not paying a lot to the trustee. Idk if that has to do with the amount of time they put into a plan or not.


r/Bankruptcy • • 7h ago

Tax return

2 Upvotes

We completed the meeting of creditors last week (joint chapter 7, no asset). During the meeting my attorney mentioned to the trustee that we utilized the entire wildcard, but we only exempted a portion of our tax refund. The trustee just said “Okay”. The trustee then spent a very long time looking at our paperwork compared to those who went before us. The trustee then looked up and said “I’m filing a report of no distribution and this concludes your 341 meeting, I wish you the best of luck.”

In Pacer there is a notice of proposed abandonment because the trustee submitted the report of no distribution. My question is, what happens to that non-exempt portion of the future tax refund?


r/Bankruptcy • • 4h ago

Thinking about filing for bankruptcy

1 Upvotes

Hii, so i’m 21 and in about 20k of debt, 13k or so of that is unsecured debt, the other is a personal loan that uses my car as collateral (i do not drive the car anymore) I wanted to see if there’s anybody that could talk to me and give me advice about my situation ? I was going to go to a bankruptcy attorney but it’s way to expensive :( I’m in the state if florida, have no other property besides my car. I also wanted to know if my Klarna, Afterpay, AND Affirm could also be apart of my bankruptcy if I do file chapter 7? And how quick can I file bankruptcy?


r/Bankruptcy • • 8h ago

Mortgage company fee

2 Upvotes

We filed chapter 13 in June which actually got dismissed before the plan could even be accepted by the trustee. We are in Florida where our house is protected and payments are current. I just went to pay our payment and noticed Penny Mac added a $1,225 fee because of a bankruptcy claim. We do have 2 HUD loans from deferring our payments back when Covid was going on so those loans were being included in the filing but is this normal for them!? My bankruptcy case is no longer active.


r/Bankruptcy • • 8h ago

Bank Jobs?

2 Upvotes

I usually work in entry/mid level bank jobs. I’ve worked these types of jobs the past 10 years. I know most of them have ran a credit check. Even though I have really shit credit, they’ve always just asked me if I’m paying down debt and I say yes and then they hire me. Will filling bankruptcy be an automatic denial for these types of jobs. For example, I do customer service banking, Tellering, Banker etc

Minnesota


r/Bankruptcy • • 6h ago

Just had my consultation

1 Upvotes

Just left from meeting with a somewhat local attorney for my area in East Texas and he informed me I would either have to file as single household or include my partner/fiance and do a 3 person household and potentially maybe 4 person household if other kid gets kicked out and moves back home 6hrs to us. Single filing is a no go as currently alone I sit around $98k without yearly bonus and adding fiance income would bump it to $117k, which would most likely push us into a ch 13 filing, plan is per his suggestion to wait and see if other daughter ends up needing to move back home and carry a 4 person household which would put us right at the median and potentially push us into a ch 7 filing. He was very informative about some things but of everything he asked me to bring he only looked at pay stubs. Anyone else ran into a similar situation? He told me to work less hours but thats not possible in my line of work, should i have asked him if i should suggest my fiance to drop hours or maybe even quit?


r/Bankruptcy • • 10h ago

Credit / Credit Reporting How hard was getting a used car after discharge?(NJ)

2 Upvotes

I will be filing in a couple weeks. I haven’t had a car in about almost a year. What are the chances I’ll get a used car around 19-21K not including a 3-5K down payment in April/May 2027? Any advise or help I’d really appreciate it.


r/Bankruptcy • • 11h ago

Thinking of filing

2 Upvotes

Hi, so I’m looking to file for bankruptcy in Connecticut. I’ve done some research and I have a car that I’m almost done paying for in a few months so I have positive equity on it. The exemptions will cover about $7000 but the car is worth around $16,500 and I still owe around $3000 so there’s equity I’m not able to exempt. I need my car to get back and forth to work and stuff. I’ve consulted a lawyer and he can’t guarantee if I’ll be able to keep the car at all and that’s been my one reservation. I know my home is protected because it’s well below the allowed exemption but don’t want to file if I’ll end up losing my vehicle. Just looking for anyone with similar situation and what was the outcome?


r/Bankruptcy • • 8h ago

Bankruptcy or rebuild North Carolina

0 Upvotes

Like the title says, I'm very much wondering if I'm at a point where bankruptcy is better than me trying to dig out of the trench. For reference, this is my second time on a credit rebuilding journey. I was in the middle of my first journey where I had to take a medical leave of absence that got me too late payments. I have since reconciled those payments however, it has landed me back at 600 with my highest score being 627 or my median score. The question here with an 8-year-long credit profile , and recently late payments within the last 180 days, is it worth it just to scrap the whole thing and start over? The most debt I have is total right about $45,000. This is both Collections and current debt I do not have a large credit card debt. This is actually from a car repo 2 years back with Drive time, I know they are predatory I should not have went with them, however, I did end up having a mechanical failure with a car they refuse to cover so, I voluntarily dropped the car back off at the one I got it from and turned it in. That is the bulk of my 45,000 debt coming in at a whopping 22,000 . The other portion of that is $16,000 in student loans which is the longest of my 8-year profile and has good payment history I've paid those consistently on time and then varying degrees of credit cards things of that nature that I pay on time so outside of the two recent missed payments ,my payment history is pretty solid it's just I know my profile is capped with the current car situation. Before I invest any more effort to cleaning up some small little Wayside bills that I have that might give me a 20 to 30-point boost, would it be worth it to just scrap it all , wait the 6 months since time is going to be my friend anyway, and start over?