Should I file for bankruptcy?

Should I file for bankruptcy?

Statesboro, GA · Member since 2015 · 99 posts · 24 votes
A couple disclaimers before I start:
  • If you look through my profile and previous posts, you'll see that I am young (just turned 22), and also may believe I don't have the right mindset or maturity yet to start REI. This is understandable, but also note that this isn't really a REI question, but more of a financial strategy question from those more experienced than me.
  • I know that all this should be taken as simply advice and I can't base this decision solely on the opinions/guidance of people from the internet. Trust me, regardless of the responses, I will still make the best decision I believe for myself. I'm just trying to get some light in my relatively dark tunnel, for lack of a better expression. I know plenty of people have experience in this subject or at least enough to offer some words of advice to a young entrepreneur.

Now, like I said, I'm only 22. I have NO student loan debt. I had a good job for about a year. In this time, I went and financed things like crazy. Long story short, I was laid off. I'm currently over $20k in debt. All my debts are unsecured. I have loans and credit cards, that is all. I moved back in with my parents and my next focus is going back to college. I plan to get a degree in Construction Management. I feel like this would be very beneficial being that I eventually want to buy homes to fix and also possibly spec build homes at some point.

With that being said, I've read a lot into filing. My parent's have had a few friends file. One filed and 3 years later, bought a new home and a new truck. One has amazing credit and he filed 5 years ago. I've also heard it's not as bad as most people think. A bunch of people believe if you file, you just can't do anything for 10 years, but that isn't the case. I've read a bunch of positives as well as negatives. Obviously every situation is different. But given what you know with my situation, what do you believe is best? If it were up to me right now, with no guidance... I would say to file and take it as a lesson learned. I think dealing with the consequences of having no credit or access to any for a few years while I go back to school and focus on my education would mature me. But I'd like to hear your advice!

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Investor · Edwardsville, IL · Member since 2015 · 432 posts · 481 votes
10y
I think everyone has given a lot of good, solid advice. I will throw one more angle at you. Even after 7 years when the bankruptcy has disappeared off of your credit report, you will be asked on every application that you fill out, "have you ever filed bankruptcy"? It will follow you the rest of your life. At 22 years old you can work a 40 hour job and go to school at the same time. You can pay that 20k off a lot faster than you think while living with your parents. Here's two scenarios while you are in front of a banker asking for a loan a few years from now: 1. Yes, I filed bankruptcy when I was 22. I bought a lot of stuff I didn't need. 2. Yes, my credit was terrible when I was younger. I bought a lot of useless stuff and financed it. I didn't file bankruptcy because I knew I owed the money and pay all of my debts. I have learned by my mistake and won't repeat it. Who do you think will get the loan?
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  • Statesboro, GA · Member since 2015 · 99 posts · 24 votes
    10y

    @John Shipley, college is something I've been putting off since I was 18. I went to a tech school for a year only to drop out. I worked in the real world until I was 20 doing construction as I had been doing part time throughout high school. Then I got offered a job at Gulfstream around my 21st birthday. Worked there for a year. And now I'm here. I don't want to just continuously put off college until I'm 30. I realistically know this is the best time for me to go back. Also, my mind isn't set. I didn't even know you could combine all your debts into one and pay one monthly payment until 2-3 days ago. I got that through asking a lot of people what I should do, which is what I'm doing now. Maybe there's some other things I could do as well that I haven't heard of. Again, I would rather not file, but I am going back to school in 7 months. 

  • Rental Property Investor · Knoxville, TN · Member since 2015 · 45 posts · 24 votes
    10y

    Join the military than.  Depending on your rating you may even get a signing bonus to pay down some of your debt.  You will also get 100% free medical, housing, and tuition assistance.  I joined at 17, spent 5 years in the sub force and am way better off than I would have been going to college.  Pick a good rating, I chose an IT related field and I now have a good paying job with spare money to invest with.  I'm 28 and if I had filed bankruptcy 6 years ago, it would still be on my credit and I would not have the job I have today.  Did I mention I only have a high school diploma?

    Asa

  • Statesboro, GA · Member since 2015 · 99 posts · 24 votes
    10y

    @JD Martin, thanks for the reply and the blunt honesty.

    1. I get unemployment currently. $330 for 14 weeks. After that, I have no clue. My aunt had it and she was offered another quote on more weeks with just a lesser amount. Maybe that happens for me, I'm not sure. I'm ALL for working like a dog for the next 7 months to pay off as much as I can.

    2. I'm okay with working part time. Full time is a possibility. I will try part time and see how I do. I don't want to try full time and it become overwhelming and my grades drop. I'm not a lazy person, I've worked 55 hours for the past year doing labor, on my feet the entire day. I was physically okay with it, but if you would ask me to study also, then take a 100 question test that's 15% of my grade after, it would be a struggle. Is that not understandable? I'm not trying to attack in any way, and I really don't want anyone to believe I'm not cut out to REI either. I feel like me going to college would actually help me grow into slowly being able to handle more of this responsibility.

    3. This is one thing I surprisingly have not tried yet. I am going to spend my weekend calling though.

    4 is practically answered with number 2.

    Thank you for the post though. I do understand I should pay the debt back. Hopefully in the 7 months I can knock down enough to somehow afford it and college at the same time. I just don't want to continually put it off and end up never going. I'm sure you understand the importance of education. Especially to someone like me, I feel like it would help me mature and realize a lot as I go through those 4 years.

  • Real Estate Investor · Saint Petersburg, FL · Member since 2013 · 1k+ posts · 951 votes
    10y

    It's not like you have 6 figures of medical bills or some insurmountable mountain of debt you can't ever pay off.   Walking away from $20k worth of debt isn't the mentality of a successful real estate investor but maybe that's not the profession you really want anyway  It sounds like you're looking for a safe 9-5 job that doesn't require the heart that being successful at real estate does.  A real estate investor would figure out how to pay it off.  

    I have a BS in Finance from a Big Ten school and all I ever used it for was 11 miserable months at an entry level job, I've worked for myself ever since then.

    You're going to get advice from the perspective of investors here, most probably think trying to walk away from your debt isn't the best solution.   If you want pure finance advice try a personal finance forum.  

  • Investor · Reading, PA · Member since 2014 · 196 posts · 118 votes
    10y

    @Account Closed

    When did you decide to go back to school?  If you lost your job 9 days ago, did you decide before or after that?  If you decided to go to school before you were laid off, you already knew you couldn't work and go to school.  Yet, you have this debt.  If you just decided within the last 9 days, did you already take out your loans?  It's hard to believe that all your financial aid came through.

    I asked earlier, would you be able to state your expected expenses while in school?  How many credits are you taking?  Do you own a car?  Is it needed in college?

  • Statesboro, GA · Member since 2015 · 99 posts · 24 votes
    10y

    @Account Closed, I'm not set on anything. I'd never purposefully leave other people without getting there money based on my poor financial decisions. I just think if mathematically I'm going in the hole $200 every month, I should maybe consider filing. For now, I could pay and work things out. But then college comes up and I'm in the hole. So I felt like it may be better to file now rather than later with the same result. And just save as much as I can now. If I can make it work without filing, I 100% guarantee I will!

  • Statesboro, GA · Member since 2015 · 99 posts · 24 votes
    10y

    @Patrick L., I'm not trying to simply walk away from it, I just know when I'm back in school it may be impossible. And by impossible I mean I don't make enough to pay it back while attending a university full time. That's all.

  • Investor · Owasso, OK · Member since 2013 · 166 posts · 90 votes
    10y
    Originally posted by @Account Closed:

    @Account Closed, I'm not set on anything. I'd never purposefully leave other people without getting there money based on my poor financial decisions. I just think if mathematically I'm going in the hole $200 every month, I should maybe consider filing. For now, I could pay and work things out. But then college comes up and I'm in the hole. So I felt like it may be better to file now rather than later with the same result. And just save as much as I can now. If I can make it work without filing, I 100% guarantee I will!

    If you file than your second sentence is a false.

  • Statesboro, GA · Member since 2015 · 99 posts · 24 votes
    10y

    @Ariel Cohen, thanks for the response. I just feel like $20k was a lot to overcome for my situation. A lot have been saying otherwise though. It's good to hear that.

  • Investor · Reading, PA · Member since 2014 · 196 posts · 118 votes
    10y

    @Scott Carder

    Bingo!  You beat me to it.

  • Greenwood, IN · Member since 2015 · 38 posts · 12 votes
    10y

    @Account Closed have you considered doing a couple wholesale deals? Find a distressed homeowner, work out a contract to buy it, then sell that contract to a cash buyer for a $7,000-$10,000 fee? That fee is your profit for working to get the deal and setting it up. The cash buyer will worry about fixing up the house. Doing this 2-5 times you can easily eliminate your debt under 5 months. Please just think about it and research it… consider it. Thanks. 

  • Statesboro, GA · Member since 2015 · 99 posts · 24 votes
    10y

    Touché, @Scott Carder. I may just work a year and attempt to pay it off. Instead of going back to college August of 2016, I'll go January of 2017...

  • Statesboro, GA · Member since 2015 · 99 posts · 24 votes
    10y

    @Account Closed, wholesaling is really all I would consider right now. It's just seems hard because I live in a college town. Have you had success wholesaling in surrounding cities and doing most the work over the computer?

  • Real Estate Broker · Ocean View, NJ · Member since 2014 · 188 posts · 82 votes
    10y

    Go get a job. 

    Go to school.

    Pay off debt.

    Keep moving forward.

    Don't file. That would be stupid. Don't make two mistakes.

    Good luck.

  • Attorney · Attleboro, MA · Member since 2015 · 412 posts · 165 votes
    10y

    OK I will throw in my two cents. I am an attorney and have both helped consumers file chapter 7 and Chapter 13 AND done collection work for creditors.

    Since you just got laid off I would call all the credit card companies and see if they will freeze the accounts and hold any interest and costs as well as reduce the minimum amount due. I would polish up the resume and look for any kind of job (or two) to cover the minimum when the unemployment runs out and try to pay down as much as I could before school starts.

    I would talk to my parents and see if there is anyway you could borrow the balance from them or have them make the minimum payments while in school. I know this does not get rid of the debt but would keep up your credit score.

    Bankruptcy can be helpful in the right situation. For example I did a bankruptcy for an individual in his forties who became disabled. His only income became SSDI and bankruptcy was the best course of action for him. 

    I am not sure you are in that situation yet. Maybe if the unemployment ran out and you are unable to find a job that would at least cover the minimum payments and even then I don't know. Whats the worse that would happen if you don't pay? Eventually you may get sued and your credit ruined. But then when you graduate and start making money and paying them back, even at a discounted rate your credit would improve.

  • Statesboro, GA · Member since 2015 · 99 posts · 24 votes
    10y

    @Jason Krick, the company I worked for had talked about a major layoff happening about a month prior before it happened. I had always told myself if I were to lose the job, I would go back to school. And none of my financial aid has been done yet. I went to college a few years ago so I have a decent idea of the money I would get from grants and whatnot. I would not be able to afford my expenses if I went back to school full time. I can for the time being, but that's only with my unemployment coming through. I'm not sure what happens when that runs out. I know you can get more, but I believe it's less. I would obviously also take any job in the meantime, I'm just speaking from the worst as if I couldn't find one. I also do not own a car. I was financing one and took it back after realizing how dumb a car payment was for me. I use one of my parents vehicles, but I also need my own eventually.

  • Greenwood, IN · Member since 2015 · 38 posts · 12 votes
    10y

    @Account Closed don't dismiss it because you're in a college town. That just means you'll be more successful because the cash buyers are getting a great deal and can turn around and rent them to college students. Bam! You're in a great area to make great money. I'd find another wholesaler in the area to learn from and co-wholesale a couple deals just to get started. That way you won't fail AND you're making money while learning the process. Win - win!!

  • Statesboro, GA · Member since 2015 · 99 posts · 24 votes
    10y

    @Benjamin Haberman, that's what I'd like to do. But working a minimum wage job in college won't pay my monthly debts is my only problem.

  • Statesboro, GA · Member since 2015 · 99 posts · 24 votes
    10y
    Originally posted by @Account Closed:

    @Account Closed don't dismiss it because you're in a college town. That just means you'll be more successful because the cash buyers are getting a great deal and can turn around and rent them to college students. Bam! You're in a great area to make great money. I'd find another wholesaler in the area to learn from and co-wholesale a couple deals just to get started. That way you won't fail AND you're making money while learning the process. Win - win!!

    I like the way you think. Thanks for the help! 

  • Greenwood, IN · Member since 2015 · 38 posts · 12 votes
    10y

    @Account Closed you're welcome. I try to be a problem solver 😊

    I hope this has helped you. Good luck! I found my mentor on this site, I know you can too 😊

  • Statesboro, GA · Member since 2015 · 99 posts · 24 votes
    10y

    @Douglas Snook, that's where I'm concerned. I'm looking from the worst perspective: the unemployment runs out and I can't find a job. So I do fine until then. But wouldn't it be best to file now and keep the money I would otherwise pay to debts if in the end I'm going to have to file anyways? Maybe that's a dumb question, I just am so scared of running out and having to file regardless. Then having no money because I gave all my unemployment up to pay debts that would eventually go into bankruptcy anyways.

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    10y
    Originally posted by @Account Closed:

    @Account Closed, I'm not set on anything. I'd never purposefully leave other people without getting there money based on my poor financial decisions. I just think if mathematically I'm going in the hole $200 every month, I should maybe consider filing. For now, I could pay and work things out. But then college comes up and I'm in the hole. So I felt like it may be better to file now rather than later with the same result. And just save asFu much as I can now. If I can make it work without filing, I 100% guarantee I will!

    Filing BK when you are capable of working and paying it off IS purposefully leaving other people without getting their money back. File BK or don't.  Go to college or don't.  Work full time or don't.  But don't kid yourself or others that it's not strategic.  There is nothing preventing you from paying off the debt in a year.   Delay your enrollment to January 2017.  Get a job or jobs paying a total of $15/hr.  Done.  

    Again, I suggest you don't say you'd never purposefully leave your debts unpaid if you file BK.  Ch 7 BK is quite purposeful.  

  • Investor · Lehigh Valley, PA · Member since 2014 · 23 posts · 7 votes
    10y
    As others have said, it's great you have recognized you have a problem. While I'm sure the weight of 20k feels overwhelming based on your current situation, it honestly is not that much in all reality. Chap 11 or 7 should be your last resort. This being said, unless I missed it, why don't you attempt to settle the debts instead? Since they are unsecured and based on the information provided, I'm going to assume you are either already in collections and even approaching charge off status. If this is true, with a bit of negotiation, you should be able to settle for pennies on the dollars. Many in much worse situations have found value from the teachings of Dave Ramsey. I'd suggest listening to his free podcasts and maybe invest a few dollars in his total money makeover book. While you don't have to agree with everything he does and teaches....he gives very sound advice about avoiding BK and dealing with creditors Good luck!
  • Investor · Reading, PA · Member since 2014 · 196 posts · 118 votes
    10y

    @Account Closed

    You need to understand that bankruptcy is used when the current situation is unmanageable.  That's not your case here.  You need to demonstrate that your daily expenses do not allow you to pay your debt.  If you are living at home, with no other financial responsibilities, the court won't be able to see how you can't repay it, as of now.

    I don't think you can declare based upon what might happen, or what you fear will happen.

    When I did it, I was living with my fiancée and I had to break down every single expense and declare what percentage of that expense I was responsible for.  

    I get the stress.  I've been there (much worse and older than you).  But if you get over $300 a week, you can pay off close to $7,000 of that before school starts.  That's 1/3.  Your minimums will be much lower at that point.  Maybe instead of worrying about what might happen, what you would do, you should shift that thinking and say to yourself "How can I manage to do this?"  If I pay off $7,000 before school starts, what will my payments look like?  How much will I need to earn to continue paying it?  Maybe the answer is delaying school, maybe it is going part-time.  Maybe, you get such a sense of pride from your accomplishment, you realize going to school and working isn't that bad.  The weight of debt is getting lighter.  

    I'm certainly not a lawyer.  I am only speaking from my own experience.

  • Rental Property Investor · Oakville/ Brantford, Ontario · Member since 2015 · 147 posts · 91 votes
    10y
    I think you have some good advice given to you here and you will need to make the decision and stick to it. Filing in my mind is not worth all the trouble it will bring you long term. See all the above posts there are some really good points. Did you tell your parents you want to file? What are they saying? Are they encouraging this? Keep in mind that whatever you decide should be based on what the consequences would be long term not just in a year or two. That's short sighted. And 20k, no offence is not that much (even though it may sound like a lot to you, in 5-10 years from now you will regret filing over 20k) and if you were asking most investors many are 20k in debt and then some when starting out. It's a small amount and to lose your credit over that just doesn't make sense to me no matter how you position it to us.
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