Questions-Mass confusion

[pilkerton21]

My boyfriend is going to file a chapter 13 in February (need tax $ to file). I've posted other threads with more detail in this situation. The lawyer said they will take my pay/bills into account because we live together.

I am looking to file a chapter 7 in February as well. Does anyone know how this would work or how it will affect bf's chapter 13?

Would any of this be better or worse if we were to get married before we file?

A little background:
Bf filed chapter 7 a little less than 8 years ago so he is not elegible for another chapter7. His wages are being garnished and there is no end in sight for future garnishments, plus the 25% they are taking now is killing us. We need to do something ASAP.

I have cc debt, medical bills and a loan that I haven't been paying on in over a year. I don't know why I haven't been garnished yet. I have no secured debt that I wan't to roll into a bk. We don't own a house and my car payment is current.

I have 3 children by a previous marriage and bf and I have one child together.

HELP! We need to try and figure this out before we file. I guess we'll be visiting the lawyer again soon to try and get his opinion as well.

[FishersMike]

Well if you file Chapter 7 you would still need to list your income contributions to the household. Since you also have things/bills to worry about it would seem the most beneficial and likely situation for you would to be married and file a Chapter 13 Jointly. That way both income is used and all allowable expenses. Plus why pay a Chapter 13 and a Chapter 7 when you can file joint Chapter 13 not for much more than being single. Just my 2cents.

[pilkerton21]

You know I hadn't even though of that...duh!

Will have to look into that.

[LadyInTheRed]

Before you run off to Vegas, you should consult with more BK attorneys. As the attorney you consulted with told you, your case is complicated. You need to get the opinions of several attorneys experienced in Chap 13 BK to figure out your best course of action.

Your situation is a bit different with the kids involved, but you may find the following thread interesting: http://www.bkforum.com/showthread.ph...rson-household

[pilkerton21]

No worries, not running off to Vegas . We've talked about getting married for a while now and just trying to decide if it makes more sense to do it before we file.

I've read the other thread, but I just don't see how it helps because we have a child together so I'm sure it's going to get brought up somewhere.

We are going with this attorney because my company offers a 25% discount and he comes highly recomended. I feel comfortable that he is capable of handling our case, as complicated as it may be.