No choice but to file separately....HELP!

[toomuch]

The only thing holding dh and I from filing Chapter 13 together is my car. My stepfather cosigned for me in November to get it. It never even occured to me at the time that if I did file before I paid it off, it would go against his credit. I just can not do that to my parents. They have perfect credit.

I have had it up for sale in several publications for weeks. At kbb value, which I'd have to put 3k with it just to pay it off and then I'd be without a car.

I do have $3K 07 taxes on the way and a cancer benefit check also on the way but it may be another 2 weeks. I wonder if I should take a beating on the car I have now so we can file jointly, tomorrow, and then when the checks come in, pay cash for a used car??

Meanwhile, there are 2 judgements against dh. I went to the courthouse yesterday and there was nothing against me......yet.
Chase has a garnishment against dh wages and it's a big chunk every week. Bad only got worse.

So, our attorney advised dh to go ahead and file tomorrow. We are trying to avoid having a lein put on our house and I'm surprised they haven't done that yet.

The main thing I'm worried about some of the accounts are joint. If dh files, won't they immediately come after me?? They can still place a lein on the house, right??

I am not on the mortgage loan but am on the deed. I thought about taking myself off of the deed but attorney said she wouldn't do that since we have a rocky marriage.

I'm just so confused. I want to make the right decision but time has run out.

Any help would be appreciated. I am getting ready to take my car to Toyota, where I bought it to see if they will buy it back. I will wait to see if I get any response from you guys first.

Thanks so much for your help.

Toomuch

[mcdulph]

No one will come after you (at least not right away) for the joint debts. You will have what's called the "codebtor stay" to protect you.

At some point--if the joint debts are not being paid either through the plan or outside of it--you may start to hear from the creditors again. I'm not exactly sure about that.

But anyway, your husband's filing on the joint debts will protect you for some amount of time.

I hope that helps.

[toomuch]

No one will come after you (at least not right away) for the joint debts. You will have what's called the "codebtor stay" to protect you.

At some point--if the joint debts are not being paid either through the plan or outside of it--you may start to hear from the creditors again. I'm not exactly sure about that.

But anyway, your husband's filing on the joint debts will protect you for some amount of time.

I hope that helps.

Thank you, Mcdulph, it does. I got an appraisal on my car today and boy, do they want to kick you when you're down. I realize they are in it to make money, but geesh.

So, tomorrow, dh will file and that will bring a little relief. At least he'll bring home a full paycheck. My phone will still be ringing off the hook, but hopefully I can buy a little more time.

[ssdsco]

Is your attorney able to get the last few months of garnished wages back ? That may help with the car situation.

[toomuch]

Is your attorney able to get the last few months of garnished wages back ? That may help with the car situation.

I did not know that was a possibility! I am very nervous today because they are being so nonchalant about it all. It seems too easy. But I know we have to make the move today.

Toomuch

[ssdsco]

I did not know that was a possibility! I am very nervous today because they are being so nonchalant about it all. It seems too easy. But I know we have to make the move today.

Toomuch

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Here's a reference for you. Let us know how you make out.

[toomuch]

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Here's a reference for you. Let us know how you make out.

We saw the attorney. He did say they reimburse the garnished wages, but are *supposed* to go directly to the court. Sometimes they send the money to the filer. He said if they do, keep it. Don't worry about it.

I do get a stay of relief for the joint accounts hubby filed. He said if they try to put a lien on the house, it will take them a min of 90 days so not to worry about that.

I just have to get a few documents to him in the morning and hubby will be filed tomorrow. What a relief!!!! I will file as soon as I pay my car off. He said since I don't work, I will need to get a money order every month and send it in.

It was actually very easy. Great attorney. Very patient. Answered all questions very well. He was the 5th one we consulted and is by far the best. So, I would always encourage people facing BK to get a min of 3-4 consultations. They all told me a different thing but this one made the most sense and I just feel good about him. I trust him.

I asked if I should pacify the creditors that are hounding me and he simply gave me his card and said to have them call him. He'll deal with them. I'm sure I'll still get calls, but maybe some of them will stop.

I feel the weight of the world has been lifted from my shoulders. I won't let my guard down though until I file.

It should be very interesting learning to live without credit cards. It will be nice just getting the utility bills and mortgage statement in the mail instead of being bombarded daily with collection letters.

Toomuch

[ssdsco]

We saw the attorney. He did say they reimburse the garnished wages, but are *supposed* to go directly to the court. Sometimes they send the money to the filer. He said if they do, keep it. Don't worry about it.Toomuch

From what I read if you have exemptions covering some or all that was garnished the money should come back to you even though it may go to the court first.