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!

1Reply
517 views

Most Popular Reply

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?
See this reply in the discussion

146 Replies

Jump to latestLatest
  • Investor · Corona, CA · Member since 2014 · 746 posts · 372 votes
    10y

    Pay off your debt. You shouldn't get to file bankruptcy because you were financially irresponsible especially while working. Make a plan to pay the debts and hop to it.

  • Real Estate Broker · Indianapolis, IN · Member since 2014 · 3k+ posts · 2k+ votes
    10y

    As someone your age... I can't believe you would even consider filing for bankruptcy... You really want to set yourself up with such a terrible mark on your personal finances for the equivalent of ONE THIRD of the time you've been alive? Over twenty grand? Cmon. Man up. You can fix this. You're an adult not a child. You made commitments... Honor them. 

    Find a local investor to bird dog for. Pull up your big boy pants and let's kill 2016 together. 

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

    @Chris Sukala, thanks for the advice. I'm going to pay off the debt and not go to college until it's paid. I like the idea of doing some apprenticeships as well. Didn't really cross my mind, big thanks for your input. And also, with working so much, I just meant that I would never be happy working over 40 a week for an hourly pay. I'm okay with working more than that if it's towards my own business that I love. But hating my 40 hour job is something I don't want to get stuck with.

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

    @Benjamin Haberman, there aren't many upscale restaurants in my town. The ones we have are always filled with beautiful girls as waitresses. I like idea, though. It's something I'll definitely try to apply for in the meantime. We'll see how it goes!

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

    @Ryan Dossey, I do understand the commitments that have been made. I'm also a huge believer in karma, so I feel like screwing a lot of people out their money would come back to haunt me. It wasn't not wanting to pay it anyways, I just couldn't afford to while going to college. But I've decided to put off college until the debt has been paid. Hopefully 2016 will be a great year for me to stick to my guns, pay off my debt, and increase my credit.

  • Investor · Omaha, NE · Member since 2015 · 366 posts · 184 votes
    10y
    Hi there. Definitely pay it off! Even if you work part time to pay the minimum monthly payment until you have a better job or more income, and pay it in time each month, you will have good credit once it's paid off. This is coming from somebody who was in credit card debt since 18 years old. I finally paid everything off when I was 24. I was never late and at least paid the minimum monthly payment that whole time. And afterwords, I had great credit. Just cut up your credit cards! Plus, keeping the same credit card account for many years adds a lot to credit scores too.
  • Rental Property Investor · Closter, NJ · Member since 2015 · 884 posts · 722 votes
    10y

    First and foremost, you need to learn money management skills. Do NOT run up any more debt (college, housing, REI, credit cards, etc.) until you get your current debt paid off.

  • Investor · Appleton, WI · Member since 2012 · 1k+ posts · 464 votes
    10y

    Bankruptcy should not even be on the table and it looks like you took it off which is good. From my perspective, you are feeling overwhelmed because you never really had to be an adult before. The good thing is that you are facing that but you are getting in your own way. You may not call them excuses, but rather reasons in your own mind, but people are giving you suggestions that have worked time and again and you say it is nearly impossible for you. You shot down wholesaling because you would be in a college town, which is more of an opportunity than a hindrance. You wanted to wholesale without leaving the house on a computer. You shot down a tipping job because you are not a pretty girl, people tip hustle and great service. You turned down side jobs in a skill set that you said you have that pays well because a Facebook post didn't get you anything in a week. You need to break out of your comfort zone. What you are worried about being short a month was $200 which is less than $7/day. That's one hour at a minimum wage job but you can make a ton more with a little effort. I don't think you are lazy when given the opportunity, I think you are lazy in finding and creating the opportunity. 

  • Real Estate Agent · Pompano Beach, FL · Member since 2015 · 249 posts · 73 votes
    10y

    I wouldn't file bankruptcy over no 20k, I was thinking you were going to say like 60-70k. hell a new car is 30k and down right now. Pay those bills and don't screw yourself for the next 10 years. One thing to keep in mind its not just your credit screwed, jobs look at your credit report to now.

  • Rockford, IL · Member since 2015 · 343 posts · 95 votes
    10y

    @Account Closed That is the name of the game. Find something you love. I hate working as much as I do, however money is great and I have a goal in mind. It is hard to pass up good money. I went from busting my hump digging ditches in the rain and mud to programming robots. 

    You seem like you know what you want, now just get over this hump and move forward. 

    Not sure what trade you may be interested but if you need some help finding a apprenticeship training center I will try and help as much as I can. The thing about the electrical trade is that you need to know everything about the job your on not just electrical.  You need to learn all prints. We have to know where walls may be put. How much power a pump may draw. Where that pump maybe placed in line. need to be precise on where to put pipe and outlets. is the a window in a wall I have to put an outlet in. All sorts of good stuff. Which has helped me do most all my remodeling needs.

    This is just me speaking on the trade I know, there is definitely nothing wrong with any other. In fact I have a co worker that once they start rebuilding the Lock and dams on the Illinois river, (I think) he is heading south for 5+years I guess. He is a Millwright and loves it

  • Investor · Hood River, OR · Member since 2015 · 22 posts · 1 vote
    10y

    Everybody wants something for nothing, and I will wager there are many here on this site who look for a pot of gold and do not think they will have to work hard or sacrifice for it.

    That's not my experience. 

    I have worked hard for 40 years at a trade, along the way I managed to buy real estate and start a business I have 32 years of sweat equity in that business and believe me the wolf is always at the door.

    I am surrounded by people who do not know the value of a dollar. Filing bankruptcy is a bad idea in my view especially at 20 something? What do you learn from that?

  • Canoga Park, CA · Member since 2014 · 17 posts · 3 votes
    10y

    BK will be on your records for 10 years, for a $22K debt, that's not enough risk to put it on your record for. what happens if you get into REI and have a big portfolio and then markets crash? What will be your next way out?

    Think long term. 

    It's expensive to file for BK and to face the judge at 22 years old, i dont think they will be sympathetic enough. Worse case they will put you on Chapter 13 and you get both worlds, BK on your record plus pay off the debt. 

  • Developer · Palm Harbor, FL · Member since 2015 · 307 posts · 96 votes
    10y

    Hunter,

    I think filing for bankruptcy in your situation would be like killing ants with a nuke!  you can easily pay off the amount of debt you have with 1-2 flips or by dedicating a few hundred bucks a  month for a few years after you start working again.

    Adam

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

    @Kyle Hipp, I'm not really trying to sound like I'm shooting down any ideas. I'm going to try for most, but I'm just trying to be realistic. I may be able to wholesale easily, I may not. I may find a tip job easily, I may not. I have a bunch of friends that are waiters and it's mostly from their words. We have typical restaurants like Applebee's, Chilis, Outback, and a 75% population of college kids. I'm sure you can guess the tips aren't too amazing. The higher end restaurants are always stacked on beautiful waitresses. I'm definitely not shooting down any ideas, though, just from my friends' experiences. I'm going to try for anything!

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

    @Kyle Godbout, I've already cut all my credit cards up except for one! But my mom made me an authorized user on that one, so even though I feel a lot more mature, I have her watching. Haha.

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

    Thanks, @Rod Desinord. When I started the thread, I thought $20k was a lot for my situation. But most people have the same opinion as you. It's helped a lot with all your responses, I'm going to pay. My only problem was I would be in the hole every month if I went back to college in 7 months, so I thought why not file now? I've decided to take an additional semester off, though. I'll consider it the punishment for being young and dumb. I've learned from this already, though. Now I just have to deal with the time to pay it off. Better to spend a year paying it back than much longer with horrible credit.

  • Investor · Appleton, WI · Member since 2012 · 1k+ posts · 464 votes
    10y

    Hunter, My point was that it is not something that will be easy. You are were you are today by taking the easy path. If you want to be successful there is not some easy path that you just haven't found yet. It will be hard work, mentally and physically. 

    When I was your age which wasn't that long ago as I am 30 now. I had no license and rented a room from a family friend. I made $12.83/hr in a local manufacturer. I walked to work, while only 5-6 block, during wisconsin winters. I worked a ton and had recently left college after 1.5 years as it wasn't getting me closer to where I wanted to go. I sucked up as much overtime as possible, working a stretch of 84 days straight with 8 weeks of 12 hour nights in there. I read a ton and learned more useful information than my years in college. It definitely wasn't an easy path but it was getting me where I wanted to go. I slowly started working on my fixer upper duplex with great bones. I continued to work a lot of overtime as I had more time than money. The projects I accomplished in a year seemed overwhelping at the time but now I do more work in a month than I did in a whole year and have quite a few more properties. 

    Point being don't search for an easy path. Define where you want to go and then take that path doing whatever it takes.

  • Madison Heights, MI · Member since 2014 · 471 posts · 132 votes
    10y

    Absolutely not. At least, not for 20k in debt.

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

    @Kyle Hipp, that's awesome to hear. I'd love to hear more about how your first couple projects went if you'd like to share! I'll send you a colleague request. Also thanks for the encouragement. I know hard work is the way to do it. I know me wanting everything and not being patient (hence buying everything on credit with hardly no down payments) is what got me in this boat in the first place. Definitely a lesson learned, my friend.

  • Williston, ND · Member since 2015 · 63 posts · 17 votes
    10y

    I have to honest with you. You have to get out there and hustle it. I'm less than a month from my 29th birthday, married, and between my wife and I, we have right now just over $290k in debt. We have looked at bankruptcy, but I feel that is a failures method. I was laid off two weeks ago, but I'm looking for work, trying to exhaust every single avenue I can because I don't want to be a coward. I will get into REI, I will succeed, and I WILL be the best in my area. Before any of that starts, I know I need to figure out how to eliminate all the debt I can, and free up any and all funds I can get my hands on. Get out there and hustle! Props on the decision to set school back a year. Doing that should give you enough time to hustle, pay off your debt, and very well could allow you to start school with some savings, and a better understanding of what not to do finically. I wish you luck, and I hope you'll keep us updated

  • Investor · Roanoke, VA · Member since 2012 · 1k+ posts · 374 votes
    10y

    time to get to work,forget about filing

  • Real Estate Agent · Pompano Beach, FL · Member since 2015 · 249 posts · 73 votes
    10y

    Why take a semester off, take 1-2 classes and still get yourself out the hole!

  • Investor · Milwaukee - Mequon, WI · Member since 2010 · 5k+ posts · 7k+ votes
    10y

    @Account Closed DON'T FILE!

    Respect for your disclaimer. But understand this: you set your self up for the wrong path in life. If you file you SCREW your creditors. It doesn't matter that they are big companies and can afford it. 

    You borrowed money from them and YOU PROMISED TO PAY IT BACK. And now you break your promise, screw them and walk away?? 

    This will f*** up your moral compass for the rest of your life.

    Show some backbone and pay back what you owe. It will not be easy but it is something that you will be proud of for the rest of your life. If you file now, you will always find excuses in your life and scew others. 

    Sorry for the harsh words my friend. Choose wisely.

  • Attorney · Shawnee, OK · Member since 2013 · 350 posts · 230 votes
    10y

    @Account Closed

    Background: I am a bankruptcy attorney.

    Well, you asked for advice and after reading through all of the responses I think you got what you paid for! 

    I am not going to give you advice to file or not to file. Only you can decide what is best for you. I will however try to correct all of the poor advice given.

    First some simple facts-

    Bankruptcy stays on your credit for 10 years. Your credit will probably be better or the same after filing bankruptcy as it was before filing. Why? The two biggest parts of your credit score are how much debt you have (currently a negative) and your payment history (unknown). Most of my clients are between 630 and 680 a year after filing. Bankruptcy is a negative but it is not given the same weight as the debt you are currently carrying. It is fairly easy to recover from a bankruptcy but it is dependent on what you do going forward. I have a steady flow of clients who have to file bankruptcy to keep their military clearances or gaming licenses because they are less of a risk after filing bankruptcy than before. There are over a million people who file for bankruptcy every year.

    (For all of you getting your undergarments in a twist- please see the morality section below.)

    Debt consolidation!!!!!!!!!!!!!

    Debt consolidation is a scam unless you do it yourself or go through a true non-profit like Consumer Credit Counseling Services (CCCS). But guess what? Debt consolidation and debt management plans wreck your credit worse than bankruptcy. Why? Because you are not paying according to the terms of the agreement. Therefore, late payments are being reported and the final note will say something to the effect of "settled for less than full". 

    Debt consolidation works like this: you hear a commercial promising to pay your debts for less than you are paying now over the next 3-5 years. You sign up and start making a monthly payment. 8 months to a year later, you get sued and the consolidation company says, "sorry, we can't help you, we are not lawyers. Oh, and by the way, all of the money you just paid us was applied to our fees. The next 2-5 years was going to go to the creditors." Debt consolidation companies can not control the creditors. They use the normal collection cycle to milk you out of a couple grand and then they are on to the next one. If you want to go this route- read Dave Ramsey and do it your self. (It is possible, hard, but possible if you have the extra income.)

    You can only do three things in your situation:

    1. Do nothing ( the- can't get blood from a turnip- idea; only good if you have no income and no assets and you do not plan to change that in the foreseeable future).

    2. Work with your creditors (everything from settling the debt to paying them in full through wage garnishment or asset seizure). 

    3. Bankruptcy

    How do you decide what is right for you?

    Everyone has a line.  This line is the mathematical point where one penny over it and you can not recover. It does not matter how hard you try or how much you work, you can never pay back what is owed according to the terms of your agreement. Are you there? I can't answer that for you. 

    I have filed bankruptcy for people who owed millions of dollars and for a person who owed $3000. What would the commentators here say? The first was "justified" and the second one wasn't. The second was a 70+ year old man bringing in $850 a month in Social Security and his debt was loan companies charging 119% interest. His payments were more than his total income and he could not work due to his health. 

    The point is there is a line. The amount is not important. The line is. Only you can figure out what that line is. You can work the next 10 years and still end up filing bankruptcy. One of the leading causes of divorce is conflict over finances. Why on earth would someone prioritize the quarterly profits of Capital One over their own marriage? Because of advice as given in this thread. 

    Now my opinion (the morality section).

    Quick note if you are a religious person- bankruptcy originates in the Bible. Forgiveness is a part of every religious belief I am aware of. No one is perfect. 

    An underlying assumption of most of the posts is one of a "moral" obligation on the part of the individual contemplating filing bankruptcy. This makes me see red. 

     Every single lender on a national level has committed criminal acts against consumers. (Remember too big to fail and its aftermath anyone?)

    Every. Single. National. Lender. Many smaller lenders do as well.

    Guess what happens to the bank? Pay a fine. (Not to the people who were hurt of course; but to the federal regulatory agency.) Move on. 

    (In my best announcers voice)

    In this corner we have Big Bank X spending billions of dollars on research and marketing with hundreds of years of institutional memory in the smartest minds from the best schools, all laws and regulations are influenced and approved by their lobbyists, all regulators either worked for them or will some day

    and in the other corner 

    a 22 year old. 

    The world is different than it was 200 years ago. The banks are big boys and they know what they are doing. It is business to them. They created it! They are making money all the way until they push you off a cliff. There is a culture trying to keep you on the edge for as long as possible. Who do you think benefits from this attitude? (Hint: its not you.)

    It is a business for them and it is time you treated yourself as a business. Make your own business decision. That may mean doing everything you can to avoid bankruptcy or recognizing that you have crossed that line. 

    Good Luck!

  • Attorney · Shawnee, OK · Member since 2013 · 350 posts · 230 votes
    10y

    @Marcus Auerbach

    Its not about whether they can afford it. Its the fact they actively participated in the creation of the debt. They took a calculated business risk. Win some and lose some. The fact that they win the vast majority of the time should say something about the game.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.