Lead question will start my journey.

[Massive]

My wife filed for chapter 7 bankruptcy in 2003. It finalized in May, 2003.

We married in November, 2003.

We are in serious financial stresses. Can we file Chapter 7 currently? What options do we/I have.


Thank you for your responses in advance,

Distrought in Iowa.

[AngelinaCat]

Welcome to the Forum:

The current rule is that there must be a minimum of eight years between filing a Ch7 and filing a new Ch7. If it were me, I would make sure that first Ch7 had been both Discharged and Closed, before you start counting up the years.

Your wife filed under Old Law, and the situation may be different.

Without a little more information about your situtation, it will be difficult to give more detailed suggestions.

[keepmine]

It's 8 years between Chapter 7 filings.
You can file a 13 4 years after a Chapter 7 discharge. Your options range from you filing a Chapter 7 nowand your wife waiting it out or, filing a Chapter 13 . Or, you could both file a 13 now and try and convert in 2011.
Have yo spoken with any bk lawyers?

[Massive]

Your Case Review:
Type of Lawyer: Bankruptcy
Location: West Des Moines, IA 50266
*Total Debt: >$50,000
*Total Monthly Income: $4,000 - $5,000
*Do You Own Real Estate?: No
*Value of Other Assets:
Description: I am in a bind with debt. I was working at a good job, Citi Bank Home Equity, in West Des Moines, IA. They were only here for a period of 3 years. In that process I had bought a house, a couple of motorcycles, 2 cars, and was doing great with credit cards. We were living our dream. Well, apparently they didn't think they were doing so well so they packed up and left and gave everyone they didn't fire first, a small severance package. So, with all of these bills I had to find a job, and fast. I filed unemployment but that doesn't last long. Got on to Wells Fargo Home Mortgage as a customer service associate. Couldn't keep up with the payments of all the bills I had, so I had to let the house go into foreclosure. Couldn't sell it because I bought it with an 80/20. House cady corner from me a block away was selling for the same price I wanted, $210,000.00. Accept, they had a walk out basement. I bit it. Well, I was fired from that job due to a technicality(better described in person). From there I went to work at an apartment complex that I now currently live in. Well, the apartment manager had it out for me and fired me on they day I was to move into a new apartment in the same complex. Reason, because i wouldn't shovel snow due to me moving. Needless to say I won that unemployment case. So, going from a household income of around $95,000.00 a year to around $63,000.00, we are stuggling to make bills. To top it off, we just had a young boy. So with al all the added expenses, I had to let things go, credit cards, two motorcycles, more credit cards. I can't even afford insurance on the vehicles I have. With child support (previous relationship), Living expenses, cell phones(only means of communication), and garnishments from our paychecks, we are drowning. With me working a service job(because that is all I can find and was only thing I was offered a job).We need help so bad and I don't know what we can do. Here is the problem, before we had got married, my wife, Jenny, had filed a Chapter 7 Bankruptcy. It finalized in May 2003. We married in November, 2003. I want to file a chapter 7 because I think that our disposable income is not enough to cover anything. I need advice to help my family. I have been stressed and overwhelmed. Garnishments are tearing us apart and have almost put us out on the streets with our newborn son! I need to talk to someone who can give us guidance on available options we have to us. I know this is a bit jumbled, but it gets my point across until a personal meeting is scheduled.

[AngelinaCat]

Massive: could you please help me and my poor tired, old, eyes out, and edit your previous post into some paragraphs?

Thanks

PS: I bet you'll help some other members, too.

[Massive]

Type of Lawyer: Bankruptcy
Location: West Des Moines, IA 50266
*Total Debt: >$50,000
*Total Monthly Income: $4,000 - $5,000
*Do You Own Real Estate?: No
*Value of Other Assets:
Description: I am in a bind with debt. I was working at a good job, Citi Bank Home Equity, in West Des Moines, IA. They were only here for a period of 3 years. In that process I had bought a house, a couple of motorcycles, 2 cars, and was doing great with credit cards. We were living our dream. Well, apparently they didn't think they were doing so well so they packed up and left and gave everyone they didn't fire first, a small severance package.

So, with all of these bills I had to find a job, and fast. I filed unemployment but that doesn't last long. Got on to Wells Fargo Home Mortgage as a customer service associate. Couldn't keep up with the payments of all the bills I had, so I had to let the house go into foreclosure. Couldn't sell it because I bought it with an 80/20. House cady corner from me a block away was selling for the same price I wanted, $210,000.00. Accept, they had a walk out basement. I bit it. Well, I was fired from that job due to a technicality(better described in person). From there I went to work at an apartment complex that I now currently live in. Well, the apartment manager had it out for me and fired me on they day I was to move into a new apartment in the same complex. Reason, because i wouldn't shovel snow due to me moving. Needless to say I won that unemployment case.

So, going from a household income of around $95,000.00 a year to around $63,000.00, we are stuggling to make bills. To top it off, we just had a young boy. So with al all the added expenses, I had to let things go, credit cards, two motorcycles, more credit cards. I can't even afford insurance on the vehicles I have. With child support (previous relationship), Living expenses, cell phones(only means of communication), and garnishments from our paychecks, we are drowning. With me working a service job(because that is all I can find and was only thing I was offered a job).

We need help so bad and I don't know what we can do. Here is the problem, before we had got married, my wife, Jenny, had filed a Chapter 7 Bankruptcy. It finalized in May 2003. We married in November, 2003. I want to file a chapter 7 because I think that our disposable income is not enough to cover anything. I need advice to help my family. I have been stressed and overwhelmed. Garnishments are tearing us apart and have almost put us out on the streets with our newborn son!

I need to talk to someone who can give us guidance on available options we have to us. I know this is a bit jumbled, but it gets my point across until I can speak to a lawyer face to face..

[AngelinaCat]

Thank you so much for the paragraphing. Now I can read..... more will come. And don't worry so much. You have found a good, caring place here.

[Massive]

Thank you. I appreciate any advice you can offer.

[AngelinaCat]

I will be reading tonight and tomorrow. I will get back sometime tomorrow. Other, more knowledgable posters will be responding in the meantime, I am sure.

[Massive]

Thank you!

[jadams]

You said you don't own real estate -- what happened with the house? Did you successfully sell it or did it go into foreclosure? If the latter, are you in a state that allows the lender to come after you for the deficiency?

How are the debts split? (i.e. who's name is on what) Is there sufficient debt solely in your name for a non-joint CH 7 filing (just yourself) to be beneficial?

Otherwise you're looking at a CH 13 with the possibility of converting to a 7 when the 8 year time period from the past BK has passed.

If nothing else, the CH 13 should at least allow you to bring everything to a manageable level so you don't fall deeper into the hole between now and when the 8 year time is up.

[Massive]

Ok, so my question is, I could do a non-joint filing?

Yes, the house foreclosed and was sold at the auction, leaving me to pay roughly 45k. As far as Iowa goes, I am not sure if it is a state that the mortgage company will come after you. I know I have judgements against me because of it. Couldn't do short sale because I had the 20% loan.

Next question--My wife was not on the loan but was on the title of the house. She now has a judgement as well. Same with one of the motorcycles I bought that I had to give back and my Jeep. Is it still possible to file non-joint and clear my name of these? Or because her name is with it I am stuck?

Thank you! You guys are really giving me answers I need.

Jerry- IA

[lrprn]

Ok, so my question is, I could do a non-joint filing?

Iowa is not a community property state, so that simplies filing alone without your spouse a great deal.

However, whether it's a good idea to do so depends on the kinds of debt you have and how much co-mingling of legal responsibilities to pay each of the secured and unsecured debts involved there is between the two of you.

If you file Ch 7 alone, you can discharge every secured and unsecured debt you have. However, for the debts you are *both* legally responsible for paying, the lenders, cc companies, etc are just going to go after your wife to pay the total bill. Snce she can't file with you, then her debts that are hers alone plus the ones you were both responsible to pay will remain intact. She'll continue to be hounded with judgments and garnishments until she can file Ch 7 again in May 2011. Given your circumstances, I don't think you two can last that long to both file Ch 7 together. However, as already mentioned, Ch 13 might be a possibility to tide you both over until then.

You really need to set up 3-4 free initial consultations with experienced bk lawyers in your area right away. Lay it all out as you have for us and see what they say. These lawyers understand how your local court and trustees and your creditors are going to react to your situation far better than we can.

Next question--My wife was not on the loan but was on the title of the house. She now has a judgement as well. Same with one of the motorcycles I bought that I had to give back and my Jeep.

What's the judgment (or judgments) that creditors have gotten from the courts listing your wife? Are any of the judgments a lien against the house or a wage garnishment order?