I would appreciate anyone's input on this issue... I am debating on whether or not to file a chapter 7. I have just been ordered to pay a previous landlord $125 a week for 21 months (about 10,000) it was a landlord/tenant dispute. I am a single mother of 3 and it has put a very big strain on my income. I know I can definitely pass the means test my problem is that I do however live w/my fiance, he bought a house 3 years ago. My landlords lawyer does know that he purchased a house and that i am in fact living with him. Could this cause serious issues with me filing a chapter 7? Will they try to take his income into consideration when we go to the 341?
-
-
We need more info. Do you have other debt because 10k isn't much to file BK over. If you live with your boyfriend, yes, his income will have to be disclosed in your BK petition.May 2008 Hired 1st Attorney/Stopped paying CCs
May 21, 2009 Retained 2nd Attorney
May 28th - Filed for Ch 7 (FINALLY!)
9/11/09 - DISCHARGED!!!!
-
yes i do have other debt, i have a student loan that is 3,000 a car note that is 277 per month (10,000 pay off), I am not sure if they would consider daycare which is another 200 a week and i have at least 6,000 in c.c. debt. I am really trying to weigh out my options.Comment
-
How are you holding up on your credit card payments? Student loan's can not be discharged in a CH 7 ( it depends). I pretty sure they won't consider day care. It is not a line of credit, just pay as you go. It really doesn't sound like you need to file a BK very little debt. But only you know what your $$$ situation.Originally posted by ineedout View PostComment
-
well I am barely able to make the minimum payments on my cc, right now i am struggling to keep my head above water which is why i was entertaining the thought of filing a chapter 7. I did speak to a bk lawyer, told him i was about 20,000 in debt and only make 45,000/year and he of course told me it would be my best option right now. I just didn't want to pay him the 2000 he was asking and then get denied. My fear is they will take my bf's income into consideration because i am living w/him.Comment
-
Just because you've been ordered to pay it doesn't make it so...
Do you have any assets?
Are you judgement proof?
Can your wages be garnished?
If not, it's called trying to get blood out of a turnip.All information contained in this post is for informational and amusement purposes only.
Bankruptcy is a process, not an event.......Comment
-
Being ordered to do this is not the same as having to do it. What are the consequences of you not paying him? He can't touch your boyfriend or his property.Originally posted by ineedout View PostWell, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -RickComment
-
They served my job w/papers telling them that my wages are to garnished @ 125 per week. My job told me that their arms are tired and there was nothing that they could do. I have no assets, I can not afford to pay 125 per week, i went to court to fight it but the judge wouldn't change the court order. This weekly payment is killing me and this is why i am considering filing bk, does anyone know of any other options?Comment
-
Garnishment is the reason I filed... I have mouths to feed.Comment
-
Did the creditor that was garnishing ur wages dispute ur bk filing?Comment
-
No, as a matter of fact, our lawyer just got a letter from them saying that all collection and post judgement garnishment attempts have been stopped. Thankfully before they got to my pay check.
It's discover card for $5000... they garnished my state tax return and my checking account. My lawyer said she doesn't see any problems with my bk. She said that my credit union may show up to the 341 to try to get me to reaffirm my $2000 credit card with them. But she said just answer their questions and when they ask you to reaffirm tell them no.Comment
-
You shouldn't have a problem with the lawsuit, the sooner you file, the sooner the garnishment will stop. Also cc payments would stop. You are not married so technically you are still room mates, I would think keeping it that way for now is best. Do you share the household bills? You will need to show you pay towards the household bills. Also daycare bills, you would need to do the means test.
Even though you can not file on student loans, they would be able to be claimed on your monthly bills, since you will be continuing to make the payments. The car is really up to you. Do you owe more then it's worth, could you replace it with something more affordable?
With yourself and 3 kids on the means test you should well fall below the median income with no problem
You old landlord can be filed on. I was a landlord years ago, the tenant got way behind on the rent took them to small claims won the case. They filed BK on me and that was the end of that.Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21Comment
-
Originally posted by bankruptsee View Post
Are you saying a CC company can just take funds from your bank account?Comment
-
They would need a judgement firstOriginally posted by bellessima View Post
May 2008 Hired 1st Attorney/Stopped paying CCs
May 21, 2009 Retained 2nd Attorney
May 28th - Filed for Ch 7 (FINALLY!)
9/11/09 - DISCHARGED!!!! Comment
-
They used a local collection lawyer... and after they got the judgement (because i was stupid and didn't go to court) they pretty much subpoenaed my mortgage company for my bank account number and took my gas and light bill money.... took my account to literally $0.00Comment
Comment