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Should we go bankrupt?

by Kristen
(CA, United States)

Should my husband and I do a bankruptcy? Should we short sale our condo or foreclose?

My husband and I are in over our head and we don't know what to do. We are truly embarrassed and don't know a way out and what is the safest way to get out without damaging our future.

Problem #1:

We have been married seven years and have two small children. We currently own a two bedroom townhome that we purchased for $418k and we refinanced 20,000 about 7 months after we moved in because it needed a lot of work done to it. Our home as of right now is only worth about $250k. Our house payment after a recent loan modification is $2960 after association dues and taxes.

We are not attached to the condo I would not mind having to move and rent until we can get back on track. It is very small and we could use a little extra space. But again I don't know if doing a short sale with a first mortgage to wells fargo and a second of $100,000 to bank of america if we would owe a remaining balance how this would benefit us to go and rent?

Problem #2:

We have a lot of credit card debt. Including a personal loan that we used to pay off some old car debt and debt from our previous property we owned. Our total unsecured debt is around $50,000. The total monthly minimums on all of our bills are $1300.00. This is before even beginning to pay them down.

We also have 2 car payments that we have tried to get out of and cannot. Which total 680.00 a month, car insurance, cell phones, toll roads misc. house bill gas, trash, water etc. That total about $1000.00 a month

We make combined take home $6400.00 a month. This total comes out to about $6000.00 a month before gas and food. We are falling short and do not know what to do anymore. We have a wonderful family and I don't want to see finances get in the way.

If we do a bankruptcy most of the debt as for the credit cards are in my husband's name. But the house is in both of our names. I just don't know what to do or who to turn to we just need help. If you could give me any advice I would cherish it or if you know who we could go and talk to about our situation.

Thank you kindly

Comments for
Should we go bankrupt?

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Jun 22, 2009
bankruptcy
by: Gerri

I know this must be so hard for you, but given the debt you are carrying on your income it makes sense for you to meet with an attorney to find out whether filing for bankruptcy makes sense. The consultation should be free and confidential.

If you weren't so far underwater on the home, and had such a high payment compared to your income, I would probably tell you to also look at negotiating settlements on your credit card (and staying in the home). But I am not sure that is feasible.

Good luck and let us know how the consultation with the attorney goes.

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