New and a Little Scared

[cursedbycc]

Hello and I've been lurking on here for about a week or so. I did post but never received any responses .

I have a consult on the 25th with a BK attorney and I live in Maryland. I want to file Chapter 7 without having my husband involved. We own a home together and do not want to lose our home. We have not been late on any of our bills and have come to the rationalization that my personal debt is too much (I am a SAHM and have been paying my cc bills with selling items on line -- ebay, craigslist, etc.). Since the economy started declining in 2008, I wasn't selling anything and it was nearly impossible to pay my cc's. I started to have to turn to my husband for help. That was when he said that we need to do something!!! Anyway... He has his own business and work has been so slow that he had to turn to unemployment since the first week of January this year. I know that BK7 is the only way that I'll be able to get through this, but my husband does not want to file and we do not want to lose the house and his business in the process... Any advise or suggestions as to how the process goes in Maryland....

[eddiep]

I'm sorry I don't have any advice for you, I am new here too. We are planning to file in NH within two months and we are filing jointly. But I do wish you the best of luck and hope everything goes smoothly. Write down all your questions before you go to meet with your attorney. He/she should have all the answers, if not find another lawyer, there are good ones and bad ones. Definately keep lurking around here because there are answers to questions and ins and outs that you just wouldn't think of unless you have been through it. Good luck!

[cursedbycc]

eddiep thank you so much for replying. I am trying to stay calm and positive (there are a lot of success stories on here). I know that if the economy was better, I wouldn't even be considering BK. I am still paying my cc's and the paralegal that works for the attorney that I'm meeting with on the 25th said that I should stop paying them because it was like I was throwing money away since I'll probably be claiming bankruptcy.... I'm so confused!!!!

[outsidetool]

For me, in Utah anyway, I filed; my wife did not. However, the house is only in her name, and had no equity. So, the house was not actually "in" the bankruptcy filing--your case is obviously different regarding your house. Issues involving whether you have equity in the house, and how the situation with your husband not filing would effect things would be best referred to an attorney (a good one).
Other details of my case anyway went pretty smoothly, with some exceptions. My wife refused totally to participate or cooperate with my filing. As in your case, I was the one with all the CC debt, etc., and she made it clear that she wasn't changing her way of doing things to pay off my debts--many of which I'd encumbered before our marriage. So, the trustee was not at all happy with the looks of our budget, which allowed my wife money to essentially do her own usual things. In the end it all worked out.
Good luck on your case; and also note that I went through like 8 attys before finding one willing to battle things out for me.

[eddiep]

That is the weirdest feeling, the first time you don't pay your cc bills. I stopped in October. prior to that we had never ever missed a payment on anything, very strange, very scary! Just remember everything you do in the six months prior to filing could be scrutinized, so think twice, ask at least once before you do anything financially. (where did I learn how to spell? sorry!) Stop paying on cc, pay your mortgage, car or anything else you plan on keeping. keep me posted! What is a SAHM?

[BillyRip]

Md is not a community state, so I would be surprised if you could lose your house. I'm no expert, but you may have to go 13 if you have more than the homestead exemption.

There are a lot of VERY knowledgeable people here that can give you a more certain answer, but that's my best guess.

[eddiep]

Oh have you tried taking the median income test or the means test? Maybe you should before you stop paying bills. Just in case! What if you find out you don't qualify or if you decide not to file after talking to a lawyer. That would be crappy if you have to pay late fees, take a hit on your credit, and have to pay higher interest rates etc...

[cursedbycc]

Thanks all.... I anxiously await my consult to see where I stand. Getting all of the information together is a lot of work.... A SAHM is a stay-at-home-mom :-)