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Totally confused about 1 spouse filing for Chapter 7

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    Totally confused about 1 spouse filing for Chapter 7

    About 2 years ago, while I was deployed to Iraq, my wife and I got in some pretty serious financial trouble. We were on the verge of foreclosure, but thank God, we were able to get caught up. The problem is that we do not have any extra money(we have about $2800 in savings, which I will address later) to pay the monthly payments on our unsecured debt. She owes about $21,000 in unsecured debt. I have about $16,000 in unsecured debt. We've decided to keep paying on my debt, mainly so one of us could have decent credit.

    I've been looking into our options and we were thinking about my wife declaring bankruptcy. I realize that my income will be looked at. My income falls around $11,000 below the Alaska median and we meet the IRS's national collection standards. My wife doesn't have a job, she was laid off and has been unable to even get an interview. I mentioned above that we have some cash in the bank. We have 2 vehicles, 1 of which is paid off, but is on the verge of being nondrivable. We are waiting until that point, then I will buy another "beater" to drive to and from work. We are also going to use this money to pay the bankruptcy/lawyer fees. We have another vehicle which we still owe $6600 on, which she uses.

    We don't have any other assets, I had to cash out some UPS stock I had to get us caught up on our mortgage.

    My questions are as follows:
    1) My wife is a co-signer( I am the primary borrower) on the vehicle that is not paid off, will they take that? Or can we exempt that because my name is the primary? Will GMAC allow me to put this vehicle in my name alone?

    2) Since we do have a little cash in our joint savings account, would it be wise for me to open an account in my name and put this cash in? Should I purchase a replacement vehicle before she(if she does) declare Chapter 7?

    3) What else will they look at? We own a large flat screen tv that was given to me as a birthday present, that is pretty much it as far as "luxurious" possessions.

    We were very dumb with our finances early on and hate to even consider this, but her creditors won't work with us at all. There is no way we can pay her side off with her jobless. Hopefully she'll find something, but it's been 8 months and it doesn't look good. I appreciate any and all advice, God bless and thank you.

    #2
    I would look at filing joint, your cars, tv, etc.. would be exempt, and the 2800.00 will be consumed by attorney fees, groceries, etc. I think if the only reason your not filing is to have good credit, your head is in the wrong place.
    Filed Chapter 7 (no Asset) - Sept 2009
    341 Meeting - Oct, 2009 (Converted to Asset Case)
    DISCHARGED - Dec. 2009
    $1500 Buy Back & 67% Of Tax Refund Surrendered

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      #3
      Originally posted by ChaseDidThis View Post
      I would look at filing joint, your cars, tv, etc.. would be exempt, and the 2800.00 will be consumed by attorney fees, groceries, etc. I think if the only reason your not filing is to have good credit, your head is in the wrong place.
      The reason I need decent credit is because I have to maintain a Government Secret Security Clearance for my civilian DOD job. Large amounts of debt, especially debt that is deliquent, is considered a security risk. I declare bankruptcy or default on a bunch of loans, I will not be able to hold my clearance.

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        #4
        I would check this out with your security manager. My ex filed ch7 and maintained her TS.
        Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

        Comment


          #5
          Originally posted by keystone58 View Post
          The reason I need decent credit is because I have to maintain a Government Secret Security Clearance for my civilian DOD job. Large amounts of debt, especially debt that is deliquent, is considered a security risk. I declare bankruptcy or default on a bunch of loans, I will not be able to hold my clearance.
          yeah- do a search on the forum for security clearance- there have been a few posters that said they got to keep their security clearance.
          Filed Pro Se: 10/16/2009
          341 Scheduled: 11/23/2009
          Last Day for Objections: 1/22/2010
          Discharged: 1/28/2010

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