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Jazz Police
Nov 6, 2009

It's your fault, man.
In which a 23-year old who's $20,000 in debt, has a steady job, and lives rent free has equally clueless friends.

$20K of credit card debt, what to do? posted:


Hello PF, long time lurker, first time poster. Without over-saturating you with details, I’ll put this very plainly. I’m 23, I currently live rent-free, I work full time in sales with a monthly salary of about $2,000-3,000 a month depending on my commission check from the previous month.

I made some very, very poor financial decisions (shopping addiction is a real disease) and I’ve put myself into about $19,000 worth of credit card debt. I’ve been stuck in a cycle of paying them off and charging them up, and I’ve finally learned a very hard lesson. My credit score is ~620, I’ve never been late on a payment, and I currently have a joint auto lease with my father. I’ve been thinking of filing for bankruptcy and I’ve talked to a few of my older, close friends about it and they all agreed that it seemed like the best option for me.

My question for PF is in order to file bankruptcy, do I need to be delinquent on any or all of my accounts? How long does it typically take to bounce back from a bankruptcy and what are my life long consequences of this decision? Also, will I lose my car? Or is there I something I can do to keep it?
This is my first post, so if there’s any information I’m missing please feel free to ask.

Budget
Car - $230/month
Insurance - $160/month

Monthly Minimum Payments

Affirm - $640 - $80/mo
Amazon Store CC - $605 - $25/mo
AmEx - $985 - $35/mo
American Eagle VISA - $2,430 - $75/mo
BarclayCard MasterCard - $55/mo Capital One - $3,405 - $135/mo
Chase Slate - $1,867 - $60/mo
Credit Union CC $2,350 - $60/mo
Discover - $475 - $35/mo
JCPenney Store CC - $1,343 - $40/mo
Macy’s Store CC - $1,111 - $30/mo
Target Store CC - $450 - $25/mo
TJX MasterCard - $2,119 - $75/mo
Walmart Store CC - $2,674 $80/mo

Installment Loan ($2,500) - $70/mo
Monthly Minimums Total: $880/month Total Debt: $21,705

Other expenses: Gasoline - ~$180/month Cellphone - $120/month
Total Monthly Payments: $1,570/month
Side note: I should clarify that I currently live at home with my dad, so I do not have grocery or utility expenses, but I do dine out 3-5 times a month.


But really, what other solution could there possibly be?

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bob dobbs is dead
Oct 8, 2017

I love peeps
Nap Ghost

Subjunctive posted:

under colour of law.

:thinking face:
:thinking face earth:
:thinking face solar system:
:thinking face galaxy:
:thinking face universe:

gvibes
Jan 18, 2010

Leading us to the promised land (i.e., one tournament win in five years)
Remember, ICOs are NOT a security. Can't have them regulated, you know.

HFX
Nov 29, 2004

Phanatic posted:


John Cena is BWM:

https://jalopnik.com/john-cena-is-being-sued-by-ford-for-reselling-his-new-f-1820913011

To "take care of expenses" he had to "liquidate for cash" some of his assets, which included his Ford GT. Which in turn violated the contract he signed with Ford when he bought it, wherein he promised to hold onto it for at least two years. So they're suing him for the profits + $75,000.

That's kind of amazing. John Cena should have enough money from his wrestling to have invested it where he is pulling millions for the rest of his life.

kimbo305
Jun 9, 2007

actually, yeah, I am a little mad
Isn't it possible that that was just a throwaway excuse for making the sale?

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

The one bright spot to such a dumb decision is that it would be hard for him to get credit from reputable lenders post bankruptcy. Unfortunately there will be plenty of disreputable ones waiting to take their place. Also, the judge will kick his petition for bankruptcy and he will not get to discharge his debt, but will suffer the consequences of having a bankruptcy on his credit bureau.

Guest2553
Aug 3, 2012


Subjunctive posted:

You get an asset, under colour of law. Maybe not priced the way you or I would value it, maybe not liquid long term, but that’s the case for art too, and for equity especially for private companies. (There’s actually better work being done for pricing art than tokens or private shares, mind you.)

ICO for artisan coins mined by computers running 383 or older chipsets,delivered by courier on a vintage 5.25" floppy.

Phanatic
Mar 13, 2007

Please don't forget that I am an extremely racist idiot who also has terrible opinions about the Culture series.

kimbo305 posted:

Isn't it possible that that was just a throwaway excuse for making the sale?

...but then why sell it and open yourself up to damages from breaking the contract?

OctaviusBeaver
Apr 30, 2009

Say what now?

Barry posted:

If nothing else, it makes pointless water cooler chat a lot easier.

Unless you don't follow football. I spend a lot of time nodding along and laughing at jokes I don't get.

kimbo305
Jun 9, 2007

actually, yeah, I am a little mad

Phanatic posted:

...but then why sell it and open yourself up to damages from breaking the contract?

I assume cuz he thought he could get away with it.

therobit posted:

The one bright spot to such a dumb decision is that it would be hard for him to get credit from reputable lenders post bankruptcy.

This is pretty sexist of me, but based on the cards listed, I thought it was a woman.

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

bob dobbs is dead posted:

:thinking face:
:thinking face earth:
:thinking face solar system:
:thinking face galaxy:
:thinking face universe:

Not to read too much into your argument, but did the FBI and DoJ not establish ownership of bitcoins as legally significant in the Silk Road and Force busts? I might have misinterpreted that, in which case I’d be happy to be corrected.

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

kimbo305 posted:

I assume cuz he thought he could get away with it.


This is pretty sexist of me, but based on the cards listed, I thought it was a woman.

This is pretty sexist of me, but there was no information given and I defaulted to male without thinking about it at all. I mean, uh, masculine pronoun neuter is how I was taught in school and therefore...

You are most likely correct, especially considering Penney's and TJ Max. Men just don't shop at those places.

Mineaiki
Nov 20, 2013


Literally this manbaby is so lazy that he thinks bankruptcy will be easier than (very slightly) adjusting his lifestyle and paying his bills. Someone should just point out that bankruptcy will involve effort on his part and he’ll drop it instantly.

bob dobbs is dead
Oct 8, 2017

I love peeps
Nap Ghost

Subjunctive posted:

Not to read too much into your argument, but did the FBI and DoJ not establish ownership of bitcoins as legally significant in the Silk Road and Force busts? I might have misinterpreted that, in which case I’d be happy to be corrected.

actually owning BTC, sure
but lots of ICO literally put it into the contract that you're not buying a security and they owe you nothing ever in any way shape or form and they are also incorporated in the Caymans or the BVI. not just the Useless ICO either

bob dobbs is dead
Oct 8, 2017

I love peeps
Nap Ghost
like, one of my friends is doing an ICO. he got real lawyers and poo poo and incorporated a corporation and talked with his VC's who were cool with it and helped him with lawyers. i tend to think that it's completely pointless because he already has VC money and he won't run out for like 2.5 years but lol

this exists in the same market as that ICO which incorporated in the Caymans and literally loving put it in the fine print that they can steal all your money and you have no recourse

also the same market as PonzICO, which states upfront that it's a ponzi scheme

e: basically, have you read divabot's book? everyone should read divabot's book, Attack of the Fifty Foot Blockchain

bob dobbs is dead fucked around with this message at 21:44 on Dec 1, 2017

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

bob dobbs is dead posted:

this exists in the same market as that ICO which incorporated in the Caymans and literally loving put it in the fine print that they can steal all your money and you have no recourse

What does it mean to steal all your money in this context? Not issue the token? Revoke the token somehow (51% attack?)? Prevent you from selling it to a third party?

The issuer of a token isn’t necessarily the source of liquidity, and if other parties want to exchange money for a blockchain operation, I don’t see how the issuer can prevent it. I don’t know many ICOs where the issuer gave assurances about liquidity. (The one I do dimly remember from the first alt-coin boom was idiotic on the part of the issuer.)

Phanatic
Mar 13, 2007

Please don't forget that I am an extremely racist idiot who also has terrible opinions about the Culture series.
https://www.theverge.com/2017/11/29/16717416/us-coinbase-irs-records

quote:

A California federal court has ordered Coinbase to turn over identifying records for all users who have bought, sold, sent, or received more than $20,000 through their accounts in a single year between 2013 and 2015. Coinbase estimates that 14,355 users meet the government’s requirements. The full order is embedded below.

...

The order is significantly narrower than the IRS’s initial request, which asked for records on every single Coinbase account over the same period. That request would also have required all communications between Coinbase and the user, a measure the judge found unnecessarily comprehensive.

The government made no claim of suspicion against individual users, but instead argued that the order was justified based on the discrepancy between Coinbase users and US citizens reporting Bitcoin gains to the IRS. Coinbase boasts nearly 6 million customers, but according to a government filing, fewer than 1,000 US citizens have reported cryptocurrency holdings on their taxes.

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

Yesssssss.

22 Eargesplitten
Oct 10, 2010



Please tell me the advice being given is

1) remove all your saved cards from your online profiles.

2) remove all of your saved cards from your phone payment systems.

3) cut up all of your cards

4) if you’re going to eat out go to IHOP or something.

5) kill your debt faster and faster because you won’t be paying credit card level interest on $17,000.

Audax
Dec 1, 2005
"LOL U GOT OWNED"
My firm had one client five years ago that was involved in bitcoin. IRS guidance wasn't really out on how to treat Bitcoin, so we treated it like a typical schedule D long term security.

But that was five years ago.

Sic Semper Goon
Mar 1, 2015

Eu tu?

:zaurg:

Switchblade Switcharoo

22 Eargesplitten posted:

Please tell me the advice being given is

1) remove all your saved cards from your online profiles.

2) remove all of your saved cards from your phone payment systems.

3) cut up all of your cards

4) if you’re going to eat out go to IHOP or something.

5) kill your debt faster and faster because you won’t be paying credit card level interest on $17,000.

Nah, bankruptcy is what all the cool kids are doing these days.

Always wondered if there was some bizarre contest I wasn't told about in society, in which the goal is to get into as much debt as possible. Each declaration of bankruptcy is the equivalent of $100,000 bonus score on top of the rest.

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

Sic Semper Goon posted:

Nah, bankruptcy is what all the cool kids are doing these days.

Always wondered if there was some bizarre contest I wasn't told about in society, in which the goal is to get into as much debt as possible. Each declaration of bankruptcy is the equivalent of $100,000 bonus score on top of the rest.

Sometimes I wonder if bankruptcy attorneys ever turn away business. Looking a someone's bankruptcy history once, they had filed like 8 times and only actually had the judge accept the petition like 2 or 3 times. It was the same lawyer over and over, every couple of years.

Phanatic
Mar 13, 2007

Please don't forget that I am an extremely racist idiot who also has terrible opinions about the Culture series.
Jesus. Was that person’s credit score, like, 12?

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

Phanatic posted:

Jesus. Was that person’s credit score, like, 12?

IIRC it was in the high 500s. It was a while back when I was working on short term loans and there was some scary poo poo in that portfolio.

Veni Vidi Ameche!
Nov 2, 2017

by Fluffdaddy

therobit posted:

I mean polo shirts are a war crime to beginwith so...

Shouldn't that be "wear crime?"

Youth Decay
Aug 18, 2015

This might not be the best imagery to use for the cult of an MLM founder



At least Younique makes it clear on their website how scammy they are.



And more sad with money that the MLMbots were trying to make "viral" a couple days ago. The pyramid is of course extremely bottom-heavy so just getting to the third level is apparently a big deal for them.

"We are her family. She loves us." Creepy as gently caress.

brugroffil
Nov 30, 2015


Bwm rewriting the tax code of the biggest economy in the world in an afternoon

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

Veni Vidi Ameche! posted:

Shouldn't that be "wear crime?"

LOL

Dogcow
Jun 21, 2005

brugroffil posted:

Bwm rewriting the tax code of the biggest economy in the world in an afternoon

It’s fine nothing will happen this is fine.

greazeball
Feb 4, 2003



therobit posted:

Sometimes I wonder if bankruptcy attorneys ever turn away business. Looking a someone's bankruptcy history once, they had filed like 8 times and only actually had the judge accept the petition like 2 or 3 times. It was the same lawyer over and over, every couple of years.

Pro publica did a good story on this. You can file chapter 7, which wipes out all debts but also takes your assets (which poor people have few of) or chapter 13, which allows you to keep your assets but only wipes out your debt if you successfully make all your payments for 5 years. Guess which one white lawyers overwhelmingly push on low income PoC in the south?

https://features.propublica.org/bankruptcy-inequality/bankruptcy-failing-black-americans-debt-chapter-13/

Harry
Jun 13, 2003

I do solemnly swear that in the year 2015 I will theorycraft my wallet as well as my WoW

greazeball posted:

Pro publica did a good story on this. You can file chapter 7, which wipes out all debts but also takes your assets (which poor people have few of) or chapter 13, which allows you to keep your assets but only wipes out your debt if you successfully make all your payments for 5 years. Guess which one white lawyers overwhelmingly push on low income PoC in the south?

https://features.propublica.org/bankruptcy-inequality/bankruptcy-failing-black-americans-debt-chapter-13/

Are we supposed to pretend that if they had blacks overwhelmingly take chapter 7, you wouldn't be deriding them for having them choose the option that makes them lose their car?

Mineaiki
Nov 20, 2013

I was thinking I didn’t really know ahead of time which way that would go, because everything just sucks way more when you’re poor and marginalized. Either one would seem predatory.

John Smith
Feb 26, 2015

by LITERALLY AN ADMIN

greazeball posted:

Pro publica did a good story on this. You can file chapter 7, which wipes out all debts but also takes your assets (which poor people have few of) or chapter 13, which allows you to keep your assets but only wipes out your debt if you successfully make all your payments for 5 years. Guess which one white lawyers overwhelmingly push on low income PoC in the south?

https://features.propublica.org/bankruptcy-inequality/bankruptcy-failing-black-americans-debt-chapter-13/
Yup, got it. It is all the White Men's fault. How can any reasonable man think that it is the poor's fault for getting into such debt?

Ancillary Character
Jul 25, 2007
Going about life as if I were a third-tier ancillary character

Harry posted:

Are we supposed to pretend that if they had blacks overwhelmingly take chapter 7, you wouldn't be deriding them for having them choose the option that makes them lose their car?

I thought it was possible to reaffirm a specific secured debt in bankruptcy allowing you to keep the asset and the debt attached to it. Or does that not apply to Chapter 7 bankruptcies?

n8r
Jul 3, 2003

I helped Lowtax become a cyborg and all I got was this lousy avatar
That article was tl;dr for me, but you can definitely keep your car in a bankruptcy. My buddy had a truck payment and was able to keep it when he went through it. I'm sure it has to be something reasonable compared to your income.

Harry
Jun 13, 2003

I do solemnly swear that in the year 2015 I will theorycraft my wallet as well as my WoW

Ancillary Character posted:

I thought it was possible to reaffirm a specific secured debt in bankruptcy allowing you to keep the asset and the debt attached to it. Or does that not apply to Chapter 7 bankruptcies?

I believe it depends on the state. Apparently in Tennessee it's not the case.

quote:

For many people, the most important thing is keeping their car, a necessity in Memphis, which has little public transportation. Used car lots abound, offering subprime credit. When borrowers fall behind and lenders threaten repossession, Chapter 7 won’t stop that from happening. But Chapter 13 allows secured debts to be repaid over the course of the plan. In theory, loan payments on a car or mortgage can be reduced to an affordable level, providing time to catch up without fear of repossession or foreclosure.

Solice Kirsk
Jun 1, 2004

.
One of my friends just went through filing for bankruptcy (a pretty insane BWM story in and of itself that got him there) and he was able to keep both his and his wife's cars and his home. Not sure how he filed, but he still has them.

BEHOLD: MY CAPE
Jan 11, 2004

Phanatic posted:

...but then why sell it and open yourself up to damages from breaking the contract?

Because he probably sold the car for twice sticker and he didn't think Ford would literally sue him over it, because I have never heard of any limited allocation manufacture doing such a thing, and why the gently caress would you sue your customers that buy $500,000 supercars if your stated ambition, as the lawsuit clearly states, is to enhance brand goodwill? The typical way that these companies, most notably Porsche and Ferrari, deal with this situation is to frowny face blackball flippers from future rare allocation cars, and generally they are held out for long-standing loyal collector customers who have done their duty and paid to play already.

greazeball
Feb 4, 2003



Harry posted:

Are we supposed to pretend that if they had blacks overwhelmingly take chapter 7, you wouldn't be deriding them for having them choose the option that makes them lose their car?

If someone is truly in an unsustainable debt spiral and goes to a legal professional to resolve the problem, you better believe I'll criticise them for recommending a solution that doesn't work in 4 out of 5 cases:

quote:

For decades, the most prolific bankruptcy firm in Memphis has been Jimmy McElroy’s, known for its long-running TV commercials featuring the now-deceased Ruby Wilson, a legendary blues and gospel singer dubbed the Queen of Beale Street. At the end of 30-second spots, she exclaimed, “Miss Ruby sings the blues, and you don’t have to!”

McElroy, a mild-mannered white man in his 70s with a genteel lilt to his speech, told me that “the ultimate success” for a Chapter 13 filing is “to pay it out, get a discharge, get out of debt. And then learn to live within your means.” From 2011 through 2015, McElroy’s firm filed over 8,000 Chapter 13 cases and fewer than 900 Chapter 7 cases. About 80 percent of his clients come from predominantly black neighborhoods.

But “ultimate success” is rare at his firm. Only about one in five of the Chapter 13 cases filed by his black clients reached discharge, a rate typical for the district. When I asked why, McElroy, whose office is in the same tower as the bankruptcy court, said clients generally “get the temporary relief they needed,” but then things just happen: “They lose their job. They get sick. They get a divorce.”

Sometimes Chapter 7 does seem like a better choice, he said, but the client can’t afford to pay the attorney fee, which, at his firm, is about $1,000. In those cases, he’ll advise them to start with a Chapter 13, since it’s “more affordable to get into,” he said. “I tell them … ‘If you get in a better situation, we can convert later.’”

[the article explains that Chapter 13 is regularly offered at no money down, with the fees rolled into the 5 year payment plans]

Debtors are, indeed, allowed to switch from Chapter 13 to Chapter 7 after their cases have begun, although it typically requires paying an additional attorney fee. But this rarely happens in the district. Only about 5 percent of Chapter 13 filings since 2008 converted to Chapter 7, according to our analysis. For McElroy’s firm’s cases, it was 2 percent.

quote:

A FEW FLOORS ABOVE THE BANKRUPTCY COURT are the offices of Cohen & Fila, a firm with a mostly poor clientele and one of the highest volume practices in the district. I asked Tom Fila, a Yankee transplant who has practiced bankruptcy law in Memphis for more than 20 years, about one of his clients: The firm had filed 17 cases on her behalf, all but two under Chapter 13. She was one of at least 465 people who had filed for bankruptcy 10 or more times in the district between 2001 and 2015, ProPublica’s analysis found. These repeat filers tend to be among the poorest.

Fila bristled at the implication that his firm had filed the cases for any reason but the best interest of the client. “I’m not making money on these cases, and I probably shouldn’t file them,” he told me. “I often tell my clients that repeated filings aren’t doing them any good. They are ending up in the same spot they started in, only now they have multiple bankruptcy cases on their credit report … but at the end of the day I’m not the one living without utilities or being evicted or being without transportation.”

Of course, most of the time attorneys in the district do get paid something. When we analyzed the Chapter 13 cases filed in 2010, we found that, on average, attorneys in the district collected $1,340 per case out of their full $3,000 fee. Some firms, like Fila’s, collected much less (about $700), and some collected more.
But what has made bankruptcy a viable business for the biggest firms in Memphis for so long is the sheer volume. From the 12,000-plus Chapter 13 cases they filed in 2010, we estimate that attorneys reaped at least $16 million in attorney fees over the next five years. McElroy’s firm, the largest, collected at least $2 million.

Things have worked this way in the district for as long as anyone can remember. The district’s chief judge, David Kennedy, who has presided over cases since 1980, said attorneys have been charging $0 down to file Chapter 13s at least since the 1970s.

He sees no clear need for reform. Chapter 13 “provides, I think, better relief, depending on the circumstances,” he said, adding that the large number of dismissals is not necessarily bad. “Just because it doesn’t go to discharge doesn’t mean it’s a failed case.” A homeowner might file Chapter 13 to stop a foreclosure, he said, then use the breathing room to work out a loan modification with the mortgage servicer and drop the case voluntarily.

That undoubtedly does happen. But most debtors in the district don’t own a home.

Judge Latta said efforts to help the poor file under Chapter 7 for free have met with resistance. “We get a lot of pushback on pro bono programs here,” she said. “[Attorneys] say, ‘But, judge, we can put them in a Chapter 13, and we can get paid for that.’”

It’s no secret in Memphis that bankruptcy works differently outside the South, but the scope of that contrast is staggering. In 2015, for example, there were 9,000 Chapter 13 cases filed in Shelby County, while in Brooklyn, New York, there were fewer than 300. Brooklyn has a similar poverty rate, median income and higher housing costs. Like Shelby County, it has a large black population. It also has 1.6 million more people.

What’s the biggest difference? How bankruptcy attorneys are paid. In Brooklyn, attorneys usually ask for around $2,000 upfront to file a Chapter 13, said Michael Macco, a trustee in the Eastern District of New York. As a result, poorer households simply can’t afford to file. The typical Chapter 13 debtor who hired an attorney in Brooklyn in 2015 was a middle-income homeowner with $420,000 in assets — over 40 times more in assets than filers in Shelby County.

The reasons for vast differences like these among courts are largely arbitrary. While bankruptcy is a federal institution, ruled by laws made in Washington, D.C., each local court is essentially its own kingdom with its own customs shaped by the judges, trustees and attorneys who work there. Scrutiny of these differences, and how they affect debtors, has been scant.

While judges like Kennedy are untroubled by the flood of unsuccessful Chapter 13s, our analysis found Memphis attorneys who have built successful bankruptcy practices in a different way. In an office park on the eastern edge of the city, I met Jerome Payne, who has filed more Chapter 7s on behalf of black clients than anyone in the district in recent years, despite not being in the top 10 firms in terms of total volume.

That alone would make Payne stand out. But Payne is also, unlike all but a few debtor attorneys in Memphis, black.

A cop turned nurse turned attorney, Payne, 66, has been practicing bankruptcy law in Memphis since the 1990s. Inside his office, the thick carpeting and friendly banter between Payne and his two long-standing employees give the place a homey feel, albeit a home with files stacked everywhere and large binders labeled “GARNISHMENTS” spilling out of a cabinet.

African-American identity is a major part of his practice. When his firm sends out letters to prospective clients — usually people who have been sued over a debt – he tries to make sure they know. “I use black heritage stamps,” he said. Sometimes he uses Kwanzaa stamps. He includes a page with inspirational sayings, like one with a quote from Marcus Garvey, a leader of the Black Nationalist movement, who is depicted with his body in the shape of Africa.

The emphasis on blackness is not just a marketing gimmick, he said. Because the clients are “people who look like me,” he said, “they feel more comfortable with me.”

And that, he said, may help in convincing debtors that Chapter 7 is a better choice. Payne’s challenge, he said, is getting them “to take the emotions out of a home, the apartment, out of the vehicle” and decide that they are better off without the debt.

This discussion is what he calls his “come-to-Jesus meeting.” Contrary to Arthur Ray’s emphasis on teaching his clients financial discipline through five years of payments, Payne promotes the discipline of letting go of possessions they can’t afford.

“Me being African American, and me understanding my community, maybe I’ve been more successful in showing them that this is not the way you ought to go,” he said.

Crucially, Payne also approaches fees differently. Whether it’s a Chapter 7 or Chapter 13, the down payment is usually a couple hundred dollars, and his clients can pay the remainder in installments.

He doesn’t file Chapter 13 cases for no money down, because he just doesn’t like the idea. And he has an employee, instead of him, discuss fee arrangements with clients, he said, because “I found that it colors the way that I do business.”

Brad George is another attorney in the district who often files Chapter 7 cases for his clients. His approach is simple. “It’s not rocket science, I can tell you that,” said George, who is white and has practiced bankruptcy in Memphis for 20 years. If there is a good reason to do a Chapter 13, like a threatened foreclosure or driver’s license issue, then he will file that way. Otherwise, he said, “I think you should try and always, always, always do a [Chapter 7].”

To file a Chapter 7 with George, it costs the debtor $555, with most of that due upfront. That is about half of what many other attorneys charge in Memphis. But, to George, it just seems like enough.

“I figure I spend about two hours on average per Chapter 7 [case],” he said. “So that’s pretty fair, I’d say.”

George also doesn’t file Chapter 13 cases for no money down, instead asking for around $200 dollars, giving his clients a much more balanced choice between how much money they have to come up with to file Chapter 7 versus Chapter 13.

George’s black clients file under Chapter 7 almost half the time, according to our analysis, a rate that is almost two and a half times what is typical in the district. There is also little racial disparity in what portion of his black and white clients end up in Chapter 7.

Payne and George agree that their flexibility with fees is likely a key reason they are able to file more Chapter 7 cases for black clients.

There are understandable reasons why attorneys tend to be less flexible with Chapter 7 fees. When debtors receive a discharge of their debts at the end of the case, outstanding fees to their attorneys are also wiped out. Any further payments are voluntary. As a result, debtor attorneys — in Memphis or anywhere else — generally require the entirety of their fee upfront. To address this problem, some scholars have called for Congress to change the law to make attorney fees clearly exempt from discharge.

Such a change could have a large effect. The firm that files the most bankruptcy cases in Atlanta, for example, files Chapter 7 cases for $0 down, with the entirety of the fee due through an installment plan that lasts several months. The chief judge in the Northern District of Georgia has ruled that such arrangements are legal, and other large firms in the Atlanta area have adopted the practice.

The result is clear. In the heart of the South, most of the filings in the Northern District of Georgia are under Chapter 7 — compared to less than 30 percent in the rest of the state. And notably, black debtors in that district file under Chapter 7 almost half the time, a rate significantly higher than even the white debtors in the Western District of Tennessee.

John Smith posted:

Yup, got it. It is all the White Men's fault. How can any reasonable man think that it is the poor's fault for getting into such debt?

Everybody gets into debt, but when white people in Memphis file for bankruptcy, they're much more likely to actually get their debt discharged than black people.

Filings by Disposition, 2008-2010, All Chapters, Majority Black Census Tracts vs. Majority White Census Tracts:

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Harry
Jun 13, 2003

I do solemnly swear that in the year 2015 I will theorycraft my wallet as well as my WoW
Your'e acting like they're significantly better off with discharged debts, no car, and inability to file for another 7 years. They're not defaulting on their court ordered debt payment plan because they're so lush with cash. That and that the attorneys need to do it out the kindness of their hearts since they're not going to get paid.

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