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Should we file for bankruptcy?

My parents tried investing in real estate (which they don't have a clue about) and ended up buying 8 houses and yanking the equity out of one house to put down on the next. Well you know how that goes, since the mortgage crisis my parents ended up letting go of all the houses. Now their, once A paper credit is to shits and they are considering filing for bankruptcy. But they own 2 small business under a LLC. They don't know what to do. His bookkeeper advise him not to file because they may try to take his business but they have been depressed and bothered by all of their loss and debt, not to mention their private family debt. They just want all this weight off their shoulders, to stop the debt collectors, keep their business, and get a fresh new start again. What should they do? If not file for bankruptcy? Then what other options are out there? Please help and give details.
Posted 2 weeks ago
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The stress and depression I understand, but can't begin to advise you on. The one question you didn't answer was "are the businesses making money now or will they provide income in the forseeable future?" If the answer is "Yes" to either, then you should try and convince them to avoid the bankruptcy if possible. The reason is that those businesses are the primary method your parents have of sustaining themselves in the long run. Like having a secure job. If that goes, the depression/stress will only get worse. Also tell them that staying on the front foot with this and speaking to those people they owe money to about how and when then can pay, will probably take away a lot of the worry. If these folks don't hear from your parents, they will assume the worst. If your parents stay in contact, most will be fair and negotiable. It's embarrasing to admit a failure. But it isn't the end of the world.
Posted 2 weeks ago

Other 1 Answer to Should we file for bankruptcy?


Posted Nov 4th, 2009 at 3:20AM
I filed in the late 90s. I did not have the business concerns, but I did have a house and two cars. Under that law (it has changed...you might want to Google NEW BANKRUPTCY LAW CHANGES) I kept the house and the cars. The debt was erased, and my credit was wiped out. Two years later, I was able to take out loans and rebuild (banks have changed their views on bankruptcy). I now have good, though not great, credit.

My advice would be for your parents to call their creditors and offer to pay a percentage of the debt. Have them explain the circumstances, and that if the creditor is unwilling to settle, they will be forced to declare Chapter 7. The banks DO NOT want to go to court...it takes their money and their time, and they end up receiving about 30 to 50 percent of the total amount owed. Each creditor is different, but I remember that some of my debts were settled for 30% of the total, or $300 rather than $1000. There are books out there that tell you how to do it. If you need titles, write back. Have them lowball their offer: 30 to 40 percent of the total. Then, once agreed upon, they'll want to write a letter stating exactly what was agreed upon and send, or fax it to the bank. I've seen some that asked for a signature. Others were delivered and signed for, and the receipt for the signed letter is proof that the party got the letter.

Of course, this will only work if they are able to pay 30+ percent of their debt...

Don't go to the Credit Fixers, even if they're government run. They all suck.

An attorney consultation may be the best way to get started.

***I AM NOT A BANKER, DO NOT WORK IN ANY FINANCIAL INDUSTRY, AND AM NOT AN EXPERT. Just to be clear. I have, however, had my own experience and have looked at other's in similar situations. There is a lot of info on the internet, so I read about it as well.

The bankruptcy law just changed, so make sure you understand it before moving forward.
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