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Tell me about Chapter 7 Bankruptcy

Jul 30, 2004
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With God as my witness, I am NOT filing bankruptcy, and by the grace of God do not have any financial troubles. I am also not asking advice for a friend, but merely curious based on a guy that I know.

This gentleman has a wife and three kids and he filed Chapter 7 about 6 years ago and it was discharged 3-4 months later. He was a sales guy who probably made about $150K and like many salespeople, lived like he had another 0 at the end of all of his checks. I did not know him at the time, but I do know he foreclosed on his house around this same time. It was a typical "sand state" situation (FL, NV, AZ, CA) where his home was "worth" $800K at one point in 2006, only to decrease to around half of that. The house was bought for around $300K, so the mortgage couldn't have been that high. To the best of my knowledge, there were no major medical bills or anything catostrophic other than a few months out of work and a decreased salary.

My questions are as follows:

1. What kind of debt to asset ratio must he have had? Could he have really gotten in this deep off of a mortgage, auto loan, and credit cards?

2. Is it likely that he took out a second mortgage against all of the appreciation and when the bottom dropped out, he was left holding the bag?

3. How does Chapter 7 work? Did he truly just get to walk away from all of his debts and leave the creditors out to dry?

4. Do you have to liquidate things such as 401K, IRA, etc to pay the creditors?

He and his wife certainly live more modestly these days, but don't seem to be struggling by any means. It seems a bit bothersome that folks can just walk away (if that's what BK allows you to do).

I obviously don't want to walk up to him and say "tell me about your financial collapse," so I'm curious if anybody here might have some insight. Thanks in advance,
 
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Healthy financial shape at age 30.

Ah the hell with it, I'll assume you're asking me about my "financial shape" at age 30 so let me retort.

I'm actually 33 as is my wife. We both have 401ks, her 401k has surpassed mine so we're both in pretty good shape there. I've had my 401k since I was 24 and have come close to maxing it out ($18,000/yr) every year I've owned. It helps that the company I've worked for since I was 24 also fully vested our contribution up to 4%. On top of the 401k we have a savings account that has money from both of our paychecks automatically withdrawn and placed in our joint savings account. We also have 3 kids (3 year old twins and a 9 month old) Each of them have savings accounts that get money each month from our paychecks. Not much, I think about $50 per kid per month. On top of that they also have 529s that are funded twice a month by our paychecks. We're doing pretty well. No assistance/bankruptcy in our future plans as far as we can tell. I'm much further along than my parents were at my age.
 
I don't know for sure, but to actually attempt to answer the OP's question... I think the consequence is his name is probably on some credit blacklists for about 7 years. I highly doubt they can get another mortgage at this time, and probably would pay really high rates for an auto loan. Otherwise, I think he is in fact "free & clear" of the debt and would not have to liquidate any retirement savings (but I'm guessing he didn't have much).
 
Fred,

Should have worded my my statement better. Was stating that I am in healthy financial shape,mass it appears you are too.

And this is truly out of genuine curiosity.
 
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