Chapter 7 survival

[Jaklackus]

I would suggest creditboards.com it has a bankruptcy forum as well as a credit forum when it's time to rebuild...very friendly, very knowledgeable, very helpful. You will get much better information in regards to your situation there than you ever would here on a Disney board.

 

[summerrluvv]

Google is your friend. Here's a case study showing 37% recidivism in the federal court system centered in Utah. "More than 8% of the sample can be abusing the system": http://www.csus.edu/indiv/a/andersenj/WR/research/2004/PDF/05a.pdf

In addition, additional rules were included in the 2005 bankruptcy reform to specifically address repeat filers. http://www.nclc.org/issues/bankruptcy/content/AutoStayRepeatFilings.pdf

Hope that helps the discussion.

I'm aware of the reform laws. There were never many repeat filers to begin with so it has not had a lick of impact on how many people are filing. 8% is pretty darn low and that probably also takes into account those that have filed a ch 7 and then filed a ch13 repayment plan due to a foreclosure, which is not abuse. Every single BK lawyer will tell you, repeat filing of a chapter 7 doesn't happen very often.

 

[Fizzgig]

I'm aware of the reform laws. There were never many repeat filers to begin with so it has not had a lick of impact on how many people are filing. 8% is pretty darn low and that probably also takes into account those that have filed a ch 7 and then filed a ch13 repayment plan due to a foreclosure, which is not abuse. Every single BK lawyer will tell you, repeat filing of a chapter 7 doesn't happen very often.

Do you want to address the 37% recidivism?

 

[summerrluvv]

Do you want to address the 37% recidivism?

Nope because what you are posting is from 2004.

 

[HayGan]

I would suggest creditboards.com it has a bankruptcy forum as well as a credit forum when it's time to rebuild...very friendly, very knowledgeable, very helpful. You will get much better information in regards to your situation there than you ever would here on a Disney board.

I'll never understand why people bring these issues/discussions to a Disney focused discussion board. Surely a simple Google search will bring up better resources to go to in order ask this question.

Sorry, but I can't understand going from a deluxe Disney resort to bankruptcy in less than 4 months. There had to have been problems/poor personal financial planing/maintenance before that trip.

 

[AUDramaQueen]

Actually, the way the system is set up you don't have people doing it multiple times that often.

You can't file for bankruptcy protection at a whim. If you filed this year you wouldn't be able to file again for 7 years.... its why companies are sometimes more willing to loan to someone that filed for bankruptcy than someone that just has bad credit. If its a short term loan like a car, they have more of a guarantee that the formerly bankrupt person will pay them back than they do of the person with horrible credit and no bankruptcy... the horrible credit person might file for bankruptcy while the other one can't.

This is true if your case went all the way through the process and you were discharged. People file chapter 13 with no intention to see it through all the time and then get dismissed. Then they file again. And again.

Trust me I had a guy live in his house for 3 years without making a single payment! We couldn't foreclose because he and his wife would take turns filing and that stops foreclosure proceedings. We would get the stay lifted and then the other one would file. You can get around the system.

 

[summerrluvv]

This is true if your case went all the way through the process and you were discharged. People file chapter 13 with no intention to see it through all the time and then get dismissed. Then they file again. And again.

Trust me I had a guy live in his house for 3 years without making a single payment! We couldn't foreclose because he and his wife would take turns filing and that stops foreclosure proceedings. We would get the stay lifted and then the other one would file. You can get around the system.

The reform did make it more difficult to get a stay on repeat Chapter 13 filings done within a year. I do agree with what you have said though.

 

[Fizzgig]

I'm aware of the reform laws. There were never many repeat filers to begin with so it has not had a lick of impact on how many people are filing. 8% is pretty darn low and that probably also takes into account those that have filed a ch 7 and then filed a ch13 repayment plan due to a foreclosure, which is not abuse. Every single BK lawyer will tell you, repeat filing of a chapter 7 doesn't happen very often.

The bolded is interesting. As far as I recall, you work for a legal firm as a legal secretary, and you only have mentioned working for one (kick-butt ) lawyer. You also only work in the North, right?

Do you really want to go on record speaking for all US bankruptcy lawyers? All I need to logically disprove your statement is to find one lawyer that disagrees with your opinion. If you had qualified your statement with "most," I would have a harder road ahead of me.

Your opinion of the metric is 8% is low. Notice I did not mention the amount of money attached to that repeat filer statistic, nor did I put a numerical value on how many filers are repeat filers.

Just giving you a head's up on your opinion being just that... an opinion. You're speaking as an authority, but you're not able to do that. You have no citings in your pocket, you have no studies to point to, and you (possibly) work in one kick-butt lawyer's office.

(And this is in NO WAY me saying I'm the bomb or a subject matter expert or ANYTHING... Just giving a reality check that I'm not going to accept you as a subject matter expert without you citing the appropriate research, too.)

 

[summerrluvv]

I would suggest creditboards.com it has a bankruptcy forum as well as a credit forum when it's time to rebuild...very friendly, very knowledgeable, very helpful. You will get much better information in regards to your situation there than you ever would here on a Disney board.

I agree!! And they are very friendly and helpful over there and not judgemental at all.

I'm still why this thread remains with all of the personal attacks on it!!

 

[Dagny]

This thread has gone from bad to worse. I lieu of deleting half of the posts here, I am going to just close it.