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    filing seperately, attorney problems

    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!!!!

    #2
    Of course, it would be entirely reasonable for you or your husband to ask your attorney that very question that you had at the end of your post. That's what your attorney is there for! You should always feel free to ask, "why?"

    (It's fine that you asked here too, of course! I'm not trying to chill any responses here, I'm just wanting to make sure you feel entitled to get from your lawyer what you're paying them for, especially if you feel pressured. I'll be interested to learn the answer too, as I really don't know.)

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      #3
      No one can force you to file. It seems you don't trust your husband's attorney. I would suggest you not have any contact with the attorney and your concerns become moot.
      Well, 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. -Rick

      Comment


        #4
        OhioFiler,

        I don't think having no contact would help, since I still would not have any answers to my questions. I know no one can force me to file, but this bankruptcy will effect me whether I file or not, since I live in the same house, and it is his paycheck that pays both our bills.

        I am going to go (grandchild in hand since I take care of him while his mother works) Monday morning to talk to the attorney in person, with my husband. I need to have some answers.

        I was just hoping someone here could give me some advice or information I could use, if nothing else, to ease my mind.

        Comment


          #5
          Hi,
          It's been a bit since I posted, things have been so crazy here.
          On Monday I went with my DH to the meeting with his bk attorney. The attorney WAS very nice, and we had a good discussion on the concerns I had. He explained everything to me, like why he wanted to file using the federal exemptions rather then the states, and long story short, it was filed on Tuesday, in my husbands name only.
          The attorney feels that we shouldn't have any problems.

          So now I would like to be able to follow what is going on through the pacer system that I hear everyone here talking about. Could someone tell me how that works, and how expensive it is?

          Thanks

          Comment

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