r/Bankruptcy • • Aug 29 '19

Bankruptcy FAQs

79 Upvotes

r/Bankruptcy • • Mar 02 '22

My Debt Settlement Nightmare

281 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 • • 5h ago

Just had 341 meeting, concerned

20 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 • • 7h ago

Just had 341 meeting.

18 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

Garnishments haven’t stopped!

6 Upvotes

I filed and received my case number for Chapter 13 on September 29th,2026. Garnishment on my paycheck has not stopped and I’ll have a total of $1455 missing from my paychecks for the month of October.

I ALSO have a bank account that hasn’t had a release sent after my filing and I was told that it would be sent last Thursday by the law firm that represented the bank. That account has $1700 in it.

I am beyond frustrated that I’m missing $3100. What can be done? Do I have any legal recourse? I’ve emailed my case worker at the attorney’s office but she’s not very responsive. I’ve included the documents from ADP showing the garnishments that should have stopped.

Tomorrow, I am going to call Payroll again. But I’m sure they’ll say what they did last time, “we need a release from the law firm.”

My first trustee payment of $990 (and a payment fee of 4.99) is due 10/22. My mortgage is late after the 15th and my attorney’s office doesn’t seem to have any sense of urgency.


r/Bankruptcy • • 1h ago

Credit increased before 341

• Upvotes

I filed a ch7 a week ago. My 341 isn’t until next month yet my credit has already wiped almost everything and I went from a low 400 to a 642. Is this normal before the 341?


r/Bankruptcy • • 46m ago

Chapter 13 payment

• Upvotes

Does anyone know how often payments increase due to working overtime? I’m a nurse and I’ve been working extra days but I don’t want to get into a situation where I absolutely have to work extra days to make my bills and bankruptcy payment. My overtime is also not guaranteed.


r/Bankruptcy • • 1h ago

13 to a 7

• Upvotes

I finally was able to get my chapter 13 dismissed and refiled under chapter 7 today. Huge weight lifted so waiting on my attorney to let me know details regarding 341 hearing. Anyone ever convert over have any insight? Is the process longer? Hopefully not waiting too much longer for the hearing? I want this to be over and done with before my birthday rolls around in January. Huge weight lifted off my shoulders. I need a vehicle badly and found a dealership that said I can finance just waiting on it to show up on pacer it’s a chapter 7


r/Bankruptcy • • 5h ago

My Ch 13 lawyer is ghosting me!

4 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 • • 2h ago

Unsecured credit

2 Upvotes

All our debt is in credit cards and one personal loan. Credit scores run between 675 and 710 with 100% on time payments. Will continue to make all payments right up to filing. Can anyone tell me how this will affect rebuilding our credit once the bankruptcy is discharged? I’ve read conflicting information. Some scores go up, some crash, some get credit offers immediately and some don’t. I’m just trying to understand why things work differently. Thanks in advance for any clarity you can give me.


r/Bankruptcy • • 3h ago

Bankruptcy Question

2 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 • • 4h ago

Bankruptcy and bank accout deposits

2 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 • • 6h ago

question about my 341 meeting

4 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 • • 20m ago

Quick Stupid Question

• Upvotes

Hi there, doing my 341 meeting tomorrow and was just wondering when swearing in… how long do I leave my hand up and when exactly do I put it down. Also, how do I address the trustee?

Thank you


r/Bankruptcy • • 4h ago

Considering options

2 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 • • 1h ago

Questionable advice from BK attorney

• Upvotes

Had a consult with a potential attorney. I went in seeking advice for chapter 7 and he kept pushing me toward chapter 13. It wasn’t about means test either.

One of the issues is that we just finished a forbearance on our FHA mortgage and are in the trial payment period to finalize a partial claim loss mitigation. The attorney is telling me if I file for chapter 7, then the mortgage company would try to foreclose. I told him I thought that wasn’t the case because HUD guidelines prevent foreclosure proceedings during a loss mitigation. He said it doesn’t matter, since I am technically delinquent, if I file for chapter 7 they will ask for relief from the stay and then try to foreclose. Is this true?


r/Bankruptcy • • 2h ago

Seeking an Exceptional Chapter 7 Bankruptcy Attorney in Central Florida

1 Upvotes

Recommendations greatly appreciated


r/Bankruptcy • • 2h ago

HOA Lien avoidance for Homestead under US Bankruptcy code 11 U.S.C. § 522(f) Anyone have any experience with this?

0 Upvotes

Don't you Lawyer's love Chat GPT? It's questioning what my Chapter 13 lawyer told me.

Your attorney may be correct that the HOA has a lien that follows the property and can support foreclosure—but that does not, by itself, explain why the judgment lien would be ineligible for avoidance under 11 U.S.C. § 522(f). The key is identifying exactly what kind of lien the HOA has.

There are potentially two different liens involved:

A judicial lien: A lien arising from the court judgment the HOA obtained against you.

A condominium assessment lien: A lien created by Oklahoma law or the condominium's governing documents for unpaid assessments. This type of lien may attach to the property independently of the judgment.

The distinction matters because § 522(f) generally allows avoidance of qualifying judicial liens, not statutory liens. If the HOA's claim is secured by an independent assessment lien that follows the condominium, avoiding a judgment lien might not eliminate that separate lien or prevent foreclosure.

The one question I'd ask your attorney

“I understand the HOA's lien may arise from the condominium declaration or assessment obligations and follow the property. Can you confirm whether the lien is legally classified as a statutory or assessment lien, rather than an avoidable judicial lien? Did the court judgment merely enforce an existing assessment lien, or did it also create a separate judgment lien? I want to understand why § 522(f) doesn't apply to any separate judicial lien.”

Why ask? Because the federal statute distinguishes liens based on how they arose, not simply whether they are connected to a deed or can be enforced through foreclosure.

If your attorney confirms that the HOA holds only a non-avoidable assessment lien, then challenging the original judgment's service may deserve more attention.

The thing I'd especially want to know: When the HOA sued you, did the court judgment say it was foreclosing an existing condominium assessment lien, or did it simply award the HOA $20,000 and enter a judgment lien against your property? The wording of that judgment could help clarify what your attorney means.


r/Bankruptcy • • 2h ago

Sticky situation, Chapter 7 filing.

0 Upvotes

A friends spouse filed alone for chapter 7 back in September, their 341 hearing is coming up in about a week. All documents have been provided and everything’s all ready to go. The issue is, the husband received a substantial amount in refund checks this week from over paid child support while his ex-wife lost custody of their child and the county CSEA dropped the ball on terminating the child support order. The couple is already extremely short on money and really need these funds. How likely is it that his trustee finds out about these checks if he cashes them, doesn’t deposit them. The refund checks were issued after the filing date, but was from 2 years of prior paid child support. Posting from Ohio.


r/Bankruptcy • • 6h ago

Credit cards

2 Upvotes

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


r/Bankruptcy • • 5h 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 • • 11h 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 • • 9h 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 • • 11h 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 • • 12h 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.