Hi,
I am new here, and really worried.
My husband and I live in Minnesota, which is NOT a community property state.
My husband has just started a chapter 7 (attorney's meeting is Monday morning, and he was to file it in the afternoon) We both decided it would be better if he filed separately for his debt, which is mostly medical.
He and our son is on the title and mortgage of our home, but we have homesteaded it in all our names.
Husband doesn't not have a bank account, or car.
I have the checking account in my name alone, and he just hands me his checks when he gets paid. He is the only wage earner. I stopped working outside the home over a year ago. I did have my own business for a few years as a professional artist, but haven't made any money at it in a couple years.
Here are the problems:
His attorney wants to know why I don't want to file with him, and has said "he would have a better chance of protecting our house (about 30 grand in equity) if I filed.
I thought (please correct me if I am wrong) that we could file under the Mn exemption table which says our homestead exemption is $300,000.
He also wants to know "how do I get money and how did I get my credit cards if I don't work? (I used to work, I used to make money, but haven't in over a year, my husband supports me, and pays my bills, why is that strange to him?
My husband informed him right up front that I did not want to file, as I am basically "judgment proof" as I have no real assets, except the checking account, which once we finish paying the attorney will have well under a thousand dollars in it. He also told him, I don't want to file, because I am the sole heir to my 90 year old mothers estate, and if she died within that 6 month period of filing the trustee would take most of that money to pay off both our debts, including husbands medical bills.
I own a car, but it is 13 years old, and worth well under the exemption amount. I let my husband use it.
I also have more non exempt property then my husband does, like my unsold artwork, that the trustee would seize and sell for pennies to pay off my husbands debt.
My husband has already paid this attorney a big non refundable deposit, but I am really concerned here, that he is going to try to force me to file. I feel like I am being railroaded.
Can this attorney force me with "threats" that he won't help us reaffirm our house, or whatever??????
Why would he say he wasn't sure about protecting our house when the state exemption is way higher then the house is even worth?
Help Please!!!!
I am new here, and really worried.
My husband and I live in Minnesota, which is NOT a community property state.
My husband has just started a chapter 7 (attorney's meeting is Monday morning, and he was to file it in the afternoon) We both decided it would be better if he filed separately for his debt, which is mostly medical.
He and our son is on the title and mortgage of our home, but we have homesteaded it in all our names.
Husband doesn't not have a bank account, or car.
I have the checking account in my name alone, and he just hands me his checks when he gets paid. He is the only wage earner. I stopped working outside the home over a year ago. I did have my own business for a few years as a professional artist, but haven't made any money at it in a couple years.
Here are the problems:
His attorney wants to know why I don't want to file with him, and has said "he would have a better chance of protecting our house (about 30 grand in equity) if I filed.
I thought (please correct me if I am wrong) that we could file under the Mn exemption table which says our homestead exemption is $300,000.
He also wants to know "how do I get money and how did I get my credit cards if I don't work? (I used to work, I used to make money, but haven't in over a year, my husband supports me, and pays my bills, why is that strange to him?
My husband informed him right up front that I did not want to file, as I am basically "judgment proof" as I have no real assets, except the checking account, which once we finish paying the attorney will have well under a thousand dollars in it. He also told him, I don't want to file, because I am the sole heir to my 90 year old mothers estate, and if she died within that 6 month period of filing the trustee would take most of that money to pay off both our debts, including husbands medical bills.
I own a car, but it is 13 years old, and worth well under the exemption amount. I let my husband use it.
I also have more non exempt property then my husband does, like my unsold artwork, that the trustee would seize and sell for pennies to pay off my husbands debt.
My husband has already paid this attorney a big non refundable deposit, but I am really concerned here, that he is going to try to force me to file. I feel like I am being railroaded.
Can this attorney force me with "threats" that he won't help us reaffirm our house, or whatever??????
Why would he say he wasn't sure about protecting our house when the state exemption is way higher then the house is even worth?
Help Please!!!!
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