I need your help...

[sirius]

Do you have health insurance, are you going to be covered for the foreseaable future? If not, that is something you should consider as a probable judgement proof debtor.

Who is judgement proof in this scenario?

Thanks

[sirius]

I'll try listing my questions in individual threads.

[sirius]

Who is judgement proof in this scenario?

Thanks

I wanted to ask this again as it's quite important to me.

Also, had a couple more questions.

From an Ohio BK law website:


Animals, crops, books, musical instruments, appliances, household goods, furnishings, firearms, hunting & fishing equipment to $525 per item; jewelry to $1,350 for 1 or more items; $10,775 total.

I would be under 10,775, but what if some items are worth more than 525? Does that not matter as long as it's under the total allowable?

Another one:

Cash, money due within 90 days, tax refund, bank, security, & utility deposits to $400 total (husband & wife may double)

By money due, they mean to creditors?

My brother helps me to live and pay bills right now and sends me monthly money. Can they take this? I cash the checks and only ever leave enough in the bank to basically cover whatever checks need to be written.

Thanks!

[lrprn]

From an Ohio BK law website:
Animals, crops, books, musical instruments, appliances, household goods, furnishings, firearms, hunting & fishing equipment to $525 per item; jewelry to $1,350 for 1 or more items; $10,775 total.

I would be under 10,775, but what if some items are worth more than 525? Does that not matter as long as it's under the total allowable?

What items are you worried about and how much over the stated value are they?

Since Ohio lists specific items or groups of items with values, if you have these items, those are the allowed values for those items. No wiggle room.

Cash, money due within 90 days, tax refund, bank, security, & utility deposits to $400 total (husband & wife may double) By money due, they mean to creditors?

Yes.

My brother helps me to live and pay bills right now and sends me monthly money. Can they take this?

If the cash is in your account on filing day and if you are over the allowed cash or whatever is protected by your exemptions, then yes, this money could be taken.

You have two choices here - for the month before you file, ask your brother to give you the money in cash or ask him to pay the bills directly himself with your account numbers on the checks.

The best option to get reliable answers for all your questions is to set up free initial consultations with 3-4 experienced bk lawyers in your area. Have you done this yet?

[sirius]

What items are you worried about and how much over the stated value are they?

Since Ohio lists specific items or groups of items with values, if you have these items, those are the allowed values for those items. No wiggle room.

Thanks, that clears it up a bit.

I have a guitar amp and cabinet that may be worth more than that. What do they go by, used value?

According to that rule you basically can't have any household item over 525 dollars. That's pretty strict. I really don't have much, but how do people with a houseful of stuff not lose a bunch of it? A nice fridge, a couch, etc... could easily be over 525.

If the cash is in your account on filing day and if you are over the allowed cash or whatever is protected by your exemptions, then yes, this money could be taken.

You have two choices here - for the month before you file, ask your brother to give you the money in cash or ask him to pay the bills directly himself with your account numbers on the checks.

The best option to get reliable answers for all your questions is to set up free initial consultations with 3-4 experienced bk lawyers in your area. Have you done this yet?

Ok, so it's just that month that I have to worry about and not anytime after I file?

When you cash a check at the bank does it show up in your account records at all? I'd hate to have to go to a check cashing place or something. My brother is out of state.

Thanks for the help. Yes, I did see a lawyer, but most of my questions at the time were about filing and now I have some since I'm considering just defaulting. Also, I had called him with a couple questions after I met him, but I don't feel I should keep bugging him since I'm not a client.

I also tried legal aid, but they won't help me since I don't have a judgement against me and I'm not in danger of being garnashed.

I don't know where else to turn and it's hard to get questions answered here. Do you know of anywhere else I could go?

I really need to know about the judgement prood debtor as well. It doesn't make sense in the context it's written since if medical bills are judgement proof then why would ding dong advise me to consider saving the BK to help in a scenario with medical debt?

[keepmine]

I'm of the opinion that judgment proof does not exist. The term we should be using is, executi0n proof. Anyone can sue but the question is, can they collect? If your income is exempt from creditor seizure you can have judgments returned against you but, they're worthless to the judgment holder.
The question you need to ask yourself is, your condition permanent. Are you never going to work again? Will you never inherit any property?
If the answer is yes to those questions then, I'd not bother filing since you have nothing anyone can take.
If you do plan to return to work then, hold off filing until your finances are stable. As Dingdong points out-what if you file today and 6 months from now get sick or injured and have medical debt you can't pay?

And, I gotta tell you your questions are geting answered. You seem to be making no attempt to use the search features here because many of your questions have been answered repeatedly. Including the last one about furniture values. Just a cursory search will find a lot of posts regarding the question. This stuff is valued at garage sale prices. Nobody wants used consumer goods. Trustees did not go to law school to run a "Sanford and Son" business.

While your checks from your brother won't show up on bank statements if cashed, you very likely need to report the source of income on your means test. With your situation, I doubt it'll make any difference in your case.

[sirius]

I'm of the opinion that judgment proof does not exist. The term we should be using is, executi0n proof. Anyone can sue but the question is, can they collect? If your income is exempt from creditor seizure you can have judgments returned against you but, they're worthless to the judgment holder.
The question you need to ask yourself is, your condition permanent. Are you never going to work again? Will you never inherit any property?
If the answer is yes to those questions then, I'd not bother filing since you have nothing anyone can take.
If you do plan to return to work then, hold off filing until your finances are stable. As Dingdong points out-what if you file today and 6 months from now get sick or injured and have medical debt you can't pay?

And, I gotta tell you your questions are geting answered. You seem to be making no attempt to use the search features here because many of your questions have been answered repeatedly. Including the last one about furniture values. Just a cursory search will find a lot of posts regarding the question. This stuff is valued at garage sale prices. Nobody wants used consumer goods. Trustees did not go to law school to run a "Sanford and Son" business.

While your checks from your brother won't show up on bank statements if cashed, you very likely need to report the source of income on your means test. With your situation, I doubt it'll make any difference in your case.

Thanks.

Yes, I have been searching.

I just wanted to get answers specific to my case. I had another thread going about whether to file or not since after I started this one I see that not filing may be an option. I didn't even realize that before I came here.

I just can't seem to get any answers about how that would work. People recommend doing it, but no details. I found out in another thread I found by searching, that they can take money out of your bank account if they win a judgement. I didn't know that was one of the risks and I need to know what I'm getting into before I decide to stop paying.

-Do I need to plan on living without a bank account then?

-How can I ever repair my credit? It seems like with bankruptcy your rating can be repaired somewhat, but what if I just default and don't file?

-What would the point in settling with the credit card company be? I assume my credit would still take a hit?

-If there was a judgement against me could they take the money I get from my brother?

I wasn't able to find answers to these and some are specific to my case. Please don't assume I haven't tried. Also, like I said, I'm disabled...I'm trying my best and my credit cards are due soon and I don't know if I should pay or not. If I can make an educated decision I could save myself 300 bucks in minimum payments. If I pay this month and decide next month to stop paying, that would be like throwing 300 bucks down the drain.

Thanks to you and everyone else who helped and who can answer a couple more questions.

[keepmine]

I'd stop worrying about repairing your credit. You can't supprt yourself so access to credit is the last thing you need. I'd never recommend bk as a credit repair tool. Yes, you may have a score incease as all your accounts show a zero balance and included in bk but, that public record of a bk will be on your report for 10 years and many creditors won't touch you for a few years or ever as long as the bk is showing. Plus, as the economy struggles even good credit risks are seeing interest rate increases and credit limit decreases.

If you get sued, that's when you go to a cash only existence.

Your priorities are food, shelter, transportation and basic living expenses. Since, you need a monthly check from family, U assume you can't cover all of that on your on. Let the cc's go and use that money for living expenses.

[sirius]

I'd stop worrying about repairing your credit. You can't supprt yourself so access to credit is the last thing you need. I'd never recommend bk as a credit repair tool. Yes, you may have a score incease as all your accounts show a zero balance and included in bk but, that public record of a bk will be on your report for 10 years and many creditors won't touch you for a few years or ever as long as the bk is showing. Plus, as the economy struggles even good credit risks are seeing interest rate increases and credit limit decreases.

If you get sued, that's when you go to a cash only existence.

Your priorities are food, shelter, transportation and basic living expenses. Since, you need a monthly check from family, U assume you can't cover all of that on your on. Let the cc's go and use that money for living expenses.

I appreciate your thoughts. I will probably stop paying soon and maybe not file, but what I really need is answers to those specific questions so I can make an informed decision.

I wasn't looking at BK as credit repair, not sure if you thought I needed credit repair now or if you just meant in the future. My credit right now is actually excellent.

About being sued. I've heard of people not even knowing they were sued and getting their balance drained.

I'll have to look into how to live on cash only as so many transactions are done with a bank account...paying my bills, online purchases, etc...