top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

New. Need Help. Questions.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    New. Need Help. Questions.

    Hello everyone. I am new to this forum and was in desperate need of some help. Maybe my questions can be answered here or maybe someone can direct me to where I should be posting these.

    First and foremost, I would like to thank anyone who is willing to help ;) *hug*

    Here are my questions/comments:

    1. I am deliberating filing Chapter 7 (according to the "Means" factor for Illinois I [we] fall under the median income). My debt is $40K. This is MY debt alone. Not DH's. Mine. This debt includes $11K for Sallie Mae for a student loan and $3K for another student loan I took out years ago. If I am not mistaken, these two loans will have to be paid back. No ands ifs or buts about it correct? However, are these two loans taken into consideration when filing?

    2. DH's finances and my finances are separate. He has his own cards. I have mine (and shamefully I say I have misused ). What we pay together are rent, the caregiver, gas, car repairs, etc. Our cards are our responsibility but this is it how it goes. I deposit my pay checks into his account and pay my bills online using his checking. Sometimes what I pay out is more than what I put in therefore having to use his money which isn't much to begin with but he is responsible and pays his bills on time, are less than mine so what he makes covers what he needs to pay including the bills we pay together...Anyway, that's how our story is. It has worked up until I started paying my SM loan for school which is cutting us extremely thin and not having enough to cover EVERYTHING THAT HAS TO BE PAID INCLUDING CC's.
    I have to emphasize, my debt is mine and his is his. With this said, he has a 401K (of course I don't). If I filed (alone) will this affect him? He also has a lil' saved up (don't know the exact amount). Would this be touched if I filed chapter 7? How would that work?

    3. I have a paid for car. It was a purchase made w/DH's $ which I pay him (whichin fact I haven't in forever!). The purchase of the used vehicle was made because we had a new baby girl that I would be towing around to and from caregiver as well as taking our older son to and from school, sports, etc. My old car was NOT reliable so the need for a new one was not an option. Here is my question on that, will that be taken as an asset if I were to file a chapter 7?

    4. How do I begin the process? I will tell DH I am doing this (if and when I decide to do so).

    TIA to anyone who can help me!

    P.S. Please understand that I incurred this debt, therefore I don't feel I should burden DH (or his savings) to help me out of this situation....

    #2
    Originally posted by desperate&broke View Post
    Hello everyone. I am new to this forum and was in desperate need of some help. Maybe my questions can be answered here or maybe someone can direct me to where I should be posting these.

    First and foremost, I would like to thank anyone who is willing to help ;) *hug*

    Here are my questions/comments:

    1. I am deliberating filing Chapter 7 (according to the "Means" factor for Illinois I [we] fall under the median income). My debt is $40K. This is MY debt alone. Not DH's. Mine. This debt includes $11K for Sallie Mae for a student loan and $3K for another student loan I took out years ago. If I am not mistaken, these two loans will have to be paid back. No ands ifs or buts about it correct? However, are these two loans taken into consideration when filing?
    Correct. It is almost impossible to get studen loans discharged.
    Originally posted by desperate&broke View Post
    2. DH's finances and my finances are separate. He has his own cards. I have mine (and shamefully I say I have misused ). What we pay together are rent, the caregiver, gas, car repairs, etc. Our cards are our responsibility but this is it how it goes. I deposit my pay checks into his account and pay my bills online using his checking. Sometimes what I pay out is more than what I put in therefore having to use his money which isn't much to begin with but he is responsible and pays his bills on time, are less than mine so what he makes covers what he needs to pay including the bills we pay together...Anyway, that's how our story is.
    You will have to ask a lawyer about the comingle checking account. But I'm sure something will be figure out.
    Originally posted by desperate&broke View Post
    It has worked up until I started paying my SM loan for school which is cutting us extremely thin and not having enough to cover EVERYTHING THAT HAS TO BE PAID INCLUDING CC's.
    I have to emphasize, my debt is mine and his is his. With this said, he has a 401K (of course I don't). If I filed (alone) will this affect him?
    No it should not effect him at all.
    Originally posted by desperate&broke View Post
    He also has a lil' saved up (don't know the exact amount). Would this be touched if I filed chapter 7? How would that work?
    401k savings is exempt, plus his assets (as long as they are his alone) won't be considered in your bankruptcy.

    Originally posted by desperate&broke View Post
    3. I have a paid for car. It was a purchase made w/DH's $ which I pay him (whichin fact I haven't in forever!). The purchase of the used vehicle was made because we had a new baby girl that I would be towing around to and from caregiver as well as taking our older son to and from school, sports, etc. My old car was NOT reliable so the need for a new one was not an option. Here is my question on that, will that be taken as an asset if I were to file a chapter 7?
    As long as you have the exemptions to cover the car there probably won't be a problem.
    Originally posted by desperate&broke View Post
    4. How do I begin the process? I will tell DH I am doing this (if and when I decide to do so).
    Read, read, read. Check out the stickes and use the search feature. Then make appointments with 3 or 4 bankruptcy attourneys. The initial consultation is usually free. Ask all your questions and find someone who you are comforatable with and who seems competent.

    Originally posted by desperate&broke View Post

    TIA to anyone who can help me!

    P.S. Please understand that I incurred this debt, therefore I don't feel I should burden DH (or his savings) to help me out of this situation....
    Filed: 10/26/2006
    Discharged: 03/05/2007
    Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

    Comment


      #3
      Originally posted by desperate&broke View Post
      1. I am deliberating filing Chapter 7 (according to the "Means" factor for Illinois I [we] fall under the median income). My debt is $40K. This is MY debt alone. Not DH's. Mine. This debt includes $11K for Sallie Mae for a student loan and $3K for another student loan I took out years ago. If I am not mistaken, these two loans will have to be paid back. No ands ifs or buts about it correct? However, are these two loans taken into consideration when filing?
      Something I'd like to ask about the SM loan because I have some knowledge I may be able to share. Was/Is this loan a government loan or a personal/signature/private loan. I know Sallie Mae will sometimes make this loan as a personal/signature/private loan. Check your loan doc's because if the loan is a personal/signature/private loan, then it will be discharged. I know of 2 people who filed Ch.7 (new law) and because their SM loans were not govermnment loans, the debt was discharged. An FYI though, if you had a co-signer with SM, which I assume you don't because you said the debts are yours, and the loan is a personal/signature/private loan, the co-signer will be responsible for the debt, but you will not have an obligation to this debt.
      Bankruptcy History:
      Chapter 7 filed - 10/12/2005 - Asset
      Discharged - 02/16/2006
      Case Closed - 11/08/2007

      A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

      All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

      Comment


        #4
        Originally posted by BassBoy View Post
        Something I'd like to ask about the SM loan because I have some knowledge I may be able to share. Was/Is this loan a government loan or a personal/signature/private loan. I know Sallie Mae will sometimes make this loan as a personal/signature/private loan. Check your loan doc's because if the loan is a personal/signature/private loan, then it will be discharged. I know of 2 people who filed Ch.7 (new law) and because their SM loans were not govermnment loans, the debt was discharged. An FYI though, if you had a co-signer with SM, which I assume you don't because you said the debts are yours, and the loan is a personal/signature/private loan, the co-signer will be responsible for the debt, but you will not have an obligation to this debt.

        Darn...Yes it's a personal loan HOWEVER, it is w/ a cosigner (my sister). I couldn't ever make this her obligation so I would be inclined to pay it back!

        Comment


          #5
          Yep....bummer.....however, the loan will show up on your credit report as Included in Bankruptcy, so it will appear as if that loan is gone........but.......you'll have to continue to pay it or esle the co-signer will be responsible. Another FYI for you, the statements may begin going to the co-signer, so stay on top of the date the payments are due.
          Bankruptcy History:
          Chapter 7 filed - 10/12/2005 - Asset
          Discharged - 02/16/2006
          Case Closed - 11/08/2007

          A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

          All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

          Comment


            #6
            What state are you in? If you are in a community property state then I think you and your husband are equally responsible for each other's credit card debt.(someone correct me if I'm wrong)... These are the community property states:
            Arizona
            California
            Idaho
            Louisiana
            Nevada
            New Mexico
            Texas
            Washington
            Wisconsin
            Chapter 7 Pro Se....Discharged Feb. 2006

            Comment


              #7
              Originally posted by cindylynnsmith View Post
              What state are you in? If you are in a community property state then I think you and your husband are equally responsible for each other's credit card debt.(someone correct me if I'm wrong)... These are the community property states:
              Arizona
              California
              Idaho
              Louisiana
              Nevada
              New Mexico
              Texas
              Washington
              Wisconsin

              I am in Illinois. So from the states you have posted does this clear him of MY debt?

              Comment


                #8
                Originally posted by BassBoy View Post
                Yep....bummer.....however, the loan will show up on your credit report as Included in Bankruptcy, so it will appear as if that loan is gone........but.......you'll have to continue to pay it or esle the co-signer will be responsible. Another FYI for you, the statements may begin going to the co-signer, so stay on top of the date the payments are due.
                Thanks for the info!! I do plan to stay on top of that one debt.

                Comment


                  #9
                  BTW - I am soooo stressed about $$$ right now. I pay my creditors but it seems every time I take a step forward I only end up three steps behind on others

                  Comment


                    #10
                    Marital Assets

                    Is the house in both your names?

                    Is the savings account in both your names?

                    I assume the checking account is in both your names since you mention that?

                    It sounds like you are planning to file by yourself rather than jointly and that can be a good option. However you'll need exemptions enough to cover your interest in the above items.

                    The best bet is to check with 3-4 bankruptcy lawyers in your area and get a feel for the situation. It should be possible for you to file without affecting him.
                    May 31st, 2007: Petition Filed by my lawyer
                    July 2nd, 2007: 341 Meeting Held
                    September 4th, 2007: Discharged and Closed.

                    Comment


                      #11
                      If you have decided to file, stop paying the credit cards!
                      Filed Pro Se 9/10/07
                      341 Complete 10/16/07
                      Discharged 1/23/08

                      Comment


                        #12
                        Originally posted by JRScott View Post
                        Marital Assets

                        Is the house in both your names?

                        Is the savings account in both your names?

                        I assume the checking account is in both your names since you mention that?

                        It sounds like you are planning to file by yourself rather than jointly and that can be a good option. However you'll need exemptions enough to cover your interest in the above items.

                        The best bet is to check with 3-4 bankruptcy lawyers in your area and get a feel for the situation. It should be possible for you to file without affecting him.
                        Well, we rent. We don't own a home. The only thing in both our names is the checking account which is pretty much empty week by week....

                        Can someone explain exemptions to me?

                        Comment


                          #13
                          Originally posted by jennyn View Post
                          If you have decided to file, stop paying the credit cards!
                          Glad you brought this up. I was going to ask, when I should stop paying for the cards?
                          When do I stop actually using them? (they are my means to live right now - I am sure that will change as soon as I stop paying them since that is where almost all of my money goes to).

                          Also, I fessed up to DH. He said he understood. He also confessed to me that because of my money problems (remember I used some of his money to pay my bills) I have made him go a tad high on his cards He asked if I thought it'd be a good idea for both of us to file. Personally, I have no clue....I am afraid we may need his credit in the future say if we are every financially stable enough where we may want to buy a starter home or whatever? Any one has any advice on this?

                          TWO more questions for now *bag over head*; When I decide to file, whether it will be me alone or both of us, I have one credit card with a zero balance that I have kept tucked away for an extreme emergency (hospital, children's needs that can not be met IF something happened, etc.) Again, I have 0 on that credit card. I have had that card for a while now and if I ever used it I paid it in full the next month (EMERGENCY CARD). I would like to keep it for that same reason (emergency). If I file, does that automatically get taken away?

                          One more....My laptop. I am still paying on it. What will happen to it?

                          Thanks sooooo much you guys! I am so grateful I found this site!! You guys are awesome!

                          Thanks.

                          Comment


                            #14
                            *bump*?

                            Aside from bumping....If DH files w/me *BIG IF* and he has a 401K as well as some money saved, what happens?

                            Comment


                              #15
                              I am TRYING to get as much info as possible from you guys so as I was reading came across this:

                              http://www.bkforum.com/showthread.php?t=16800

                              Am I supposed to stop using my cc's if that is my means of living? I don't use them for luxury items lately...It's more like at Target for necessities like deodorant, paste, house cleaning supplies....From time to time I will buy a shirt or what not but can someone shed some light?

                              Am I supposed to stop using the cards? How long before I go meet with my first attorney?
                              Am I supposed to stop PAYING the cards? How long before I go meet with my first attorney?

                              Also, please please if you can help, please help me answer the questions in my previous posts above ^ THANK YOU!

                              Comment

                              bottom Ad Widget

                              Collapse
                              Working...
                              X