Hi,
I was recently married Oct 2007. My wife and I had no joint accounts except for checking. I was doing OK but with her with her townhouse was too upside down and would have to rent at a $1000 per month loss. She ended up in a chapter 7 - filing in Feb 2009 and the case was sucessfully closed in Maywith her as a married but separate debtor. Since then, I loss my job and can't pay my unsecured debt any longer, but am managing on keeping the mortgage current and the one car payment for the second car she uses in my name. I have a non-operating boat I am trying to sell, and the only other asset I have is a 2005 Ford Explorer with title in hand. My question is can I sell either of these assets to pay for insurance and property taxes due next month ( my mortgage is non-escrw) without the trustee looking at my wifes last year schedule, seeing the explorer as a second vehicle in our family and wanting funds from the explorer? The attorney she used seemed to say you have to claim every transaction sold / transfered in the prior two years. I believe he is playing it over cautious since I did some more homework on the attorney and found a 2001 ethics complaint to the florida bar and hence he doesn't want to take any chances. Selling assets to pay debt or whatever in my book is "normal course of business". A second issue (perhaps I am over cautious) is after my wife filed - would the creditors / trustee suspect anything if I used a different attorney? If I made any large purchases (a $6,000 AC unit for the home and some no interest no payments home depot charges for home repairs (the house is 50+ yrs old -)) can they say "why didn't you file with your wife last year and say I should not have accumulated more debt ?? BTW - I was employed when I made these charges. Home depot is backed by "citibank" I believe. The only other large charge I made unemployed was the week of I spent $900 in new suits for interviews in Aug since I had nothing that fit me anylonger in terms of dress clothes. None of the interviews worked out. We only meet with the attorney last year and I was there with my baby daughter (we had no sitter that evening). Since my wife's accounts was the only issue at the time, the attorney never discussed me filing as well.
Sincerely,
JLS
Thanks for all your help!
I was recently married Oct 2007. My wife and I had no joint accounts except for checking. I was doing OK but with her with her townhouse was too upside down and would have to rent at a $1000 per month loss. She ended up in a chapter 7 - filing in Feb 2009 and the case was sucessfully closed in Maywith her as a married but separate debtor. Since then, I loss my job and can't pay my unsecured debt any longer, but am managing on keeping the mortgage current and the one car payment for the second car she uses in my name. I have a non-operating boat I am trying to sell, and the only other asset I have is a 2005 Ford Explorer with title in hand. My question is can I sell either of these assets to pay for insurance and property taxes due next month ( my mortgage is non-escrw) without the trustee looking at my wifes last year schedule, seeing the explorer as a second vehicle in our family and wanting funds from the explorer? The attorney she used seemed to say you have to claim every transaction sold / transfered in the prior two years. I believe he is playing it over cautious since I did some more homework on the attorney and found a 2001 ethics complaint to the florida bar and hence he doesn't want to take any chances. Selling assets to pay debt or whatever in my book is "normal course of business". A second issue (perhaps I am over cautious) is after my wife filed - would the creditors / trustee suspect anything if I used a different attorney? If I made any large purchases (a $6,000 AC unit for the home and some no interest no payments home depot charges for home repairs (the house is 50+ yrs old -)) can they say "why didn't you file with your wife last year and say I should not have accumulated more debt ?? BTW - I was employed when I made these charges. Home depot is backed by "citibank" I believe. The only other large charge I made unemployed was the week of I spent $900 in new suits for interviews in Aug since I had nothing that fit me anylonger in terms of dress clothes. None of the interviews worked out. We only meet with the attorney last year and I was there with my baby daughter (we had no sitter that evening). Since my wife's accounts was the only issue at the time, the attorney never discussed me filing as well.
Sincerely,
JLS
Thanks for all your help!
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