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Author: ishtarastarte Big funky green star, 20000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 311074  
Subject: Re: Chapter 7 or Chapter 13?? Date: 12/29/2011 3:27 PM
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First of all, your question about which is "best" should be asked of a lawyer, not a message board. A lawyer knows the laws, the exemptions for your state, and can go over your assets/bills with you and let you know what would work best for your situation.

Second of all, there are restrictions on who can file chapter 7. There is a "means test" for chapter 7. If your income is over the median income for your family size and state, chapter 7 may not be an option.

Your 401k should be protected regardless of declaring bankruptcy or not. Creditors can't touch your 401k (unless you take the money out of it).

The "best" route would be looking at trying to pay off/down the debt as much as possible while you are still working.

I'm not sure what you mean by "extra credit card debt". What's "extra" about it?

I think you might be borrowing trouble, though, if you're still employed and able to make your payments, bankruptcy shouldn't even be on your radar yet.

Figure out a plan to pay your debts.

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