Filing chapter 7

[blondeinmn]

So here's my story. Finally sent all the paperwork to the attorney today. Plan on filing in about two weeks. Lost my job late 2006, spouse was working, found some part-time work for 2007, 2008, and 2009. Without my wages, debt started to pile up in 07 and 08. Spouse tells me summer of 09 he wants to separate and moves out. We haven't lived together since summer of 09. Summer of 09 I finally start to pay attention to my finances and realize I have minimal income ( a few thousand a year from part time work) and significant debt. $485,000 in mortgages, 15,000 car loan, and about $100,000 in unsecured (credit cards and lines). My spouse is paying me $3000 per month in what i would call child support. We have no legal separation nor divorce. My bankruptcy lawyer advised me to bankrupt first and divorce later. He also told me to file married filing singly with declaration of separate households. I'm a chapter 7 as my income the last six months was about $2000 and child support was about $18,000 for a family of four. Like many on this forum, I'm a little nervous about the process. Will my case go through smoothly because my income is so low with few assets or will questions be asked by the trustee as to why did I continue to charge after I lost my job (thought I'd find another one, husband had income), how about red flags as to the $100,000 in unsecured ( It built up over the last five years or so, I haven't used a credit card since summer of 2008). I'm particularily concerned about the following.

1. A cash advance of $25,000 in December of 2007. Made 11 payments before defaulting.
2. Having $100,000 in unsecured.
3. Having no job in 2007 and 2008 and still using credit.
4. Possible APs.
5. Filing separately from my husband without disclosing any of his assets or income and facing scrutiny from the trustee.
I don't believe I've done anything fraudelent, but the last several years haven't been fun and I really don't want a hassle over the bankruptcy. Should I be concerned or am I spending to much time on the forum.

[newbie2]

So here's my story. Finally sent all the paperwork to the attorney today. Plan on filing in about two weeks. Lost my job late 2006, spouse was working, found some part-time work for 2007, 2008, and 2009. Without my wages, debt started to pile up in 07 and 08. Spouse tells me summer of 09 he wants to separate and moves out. We haven't lived together since summer of 09. Summer of 09 I finally start to pay attention to my finances and realize I have minimal income ( a few thousand a year from part time work) and significant debt. $485,000 in mortgages, 15,000 car loan, and about $100,000 in unsecured (credit cards and lines). My spouse is paying me $3000 per month in what i would call child support. We have no legal separation nor divorce. My bankruptcy lawyer advised me to bankrupt first and divorce later. He also told me to file married filing singly with declaration of separate households. I'm a chapter 7 as my income the last six months was about $2000 and child support was about $18,000 for a family of four. Like many on this forum, I'm a little nervous about the process. Will my case go through smoothly because my income is so low with few assets or will questions be asked by the trustee as to why did I continue to charge after I lost my job (thought I'd find another one, husband had income), how about red flags as to the $100,000 in unsecured ( It built up over the last five years or so, I haven't used a credit card since summer of 2008). I'm particularily concerned about the following.

1. A cash advance of $25,000 in December of 2007. Made 11 payments before defaulting.
2. Having $100,000 in unsecured.
3. Having no job in 2007 and 2008 and still using credit.
4. Possible APs.
5. Filing separately from my husband without disclosing any of his assets or income and facing scrutiny from the trustee.
I don't believe I've done anything fraudelent, but the last several years haven't been fun and I really don't want a hassle over the bankruptcy. Should I be concerned or am I spending to much time on the forum.

From what you've described I don't think you'll have any problems. (I'm not at attorney so take what I say with 2 grains of salt :-)

You have quite a bit of distance between your last credit card charge and / or cash advance and you did your best to pay on them.

Since you are still legally married but live in separate households you shouldn't have any issues with not being able to state your husbands income. Your attorney would know best though on how that is handled.

Good luck to you.