Spouse filing Chapter 7

[dawgfan10]

First of all, I'm so glad to find this forum, definitely answers some questions!

My husband is planning on filing Chapter 7. We rent (in the state of Georgia), and only my name is on the title for the one car we have, so I'm assuming he doesn't have to claim that as an exemption? Most of the furniture we have was given to us as hand me downs, so would he have to claim an exemption on that as well? I've been reading about a lot of complications people have been having with their cases, and I'm hoping since his case is pretty much a non-asset case, we wont have many issues with it.

One last thing: is there ANY alternative to these attorney fees? We haven't started with consultations just yet because we just decided to do this, but I've read where attorney fees are in the thousands of dollars? We are fairly low income at 21k annual and pretty much have no disposable income. We did check with our state legal aid office and they said it has to be filed with a private attorney unless we're being foreclosed on. I know we need to make sure we have a good lawyer, but I mean if we're filing Chapter 7, that means we don't have money to spend, at least not all at once. I apologize for the rambling, it's late (yes I'm losing sleep over this) and thanks for those who have made it this far in my post.

[newbie2]

First of all, I'm so glad to find this forum, definitely answers some questions!

My husband is planning on filing Chapter 7. We rent (in the state of Georgia), and only my name is on the title for the one car we have, so I'm assuming he doesn't have to claim that as an exemption? Most of the furniture we have was given to us as hand me downs, so would he have to claim an exemption on that as well? I've been reading about a lot of complications people have been having with their cases, and I'm hoping since his case is pretty much a non-asset case, we wont have many issues with it.

One last thing: is there ANY alternative to these attorney fees? We haven't started with consultations just yet because we just decided to do this, but I've read where attorney fees are in the thousands of dollars? We are fairly low income at 21k annual and pretty much have no disposable income. We did check with our state legal aid office and they said it has to be filed with a private attorney unless we're being foreclosed on. I know we need to make sure we have a good lawyer, but I mean if we're filing Chapter 7, that means we don't have money to spend, at least not all at once. I apologize for the rambling, it's late (yes I'm losing sleep over this) and thanks for those who have made it this far in my post.

Your husband should still list the furniture and things on the petition, but give them used value. (Not new value) The car is yours, so it wouldn't go on his petition.

As far as not having to pay attorney fees, the only way around that is to file pro-se. There is a terrific pro-se forum on this board. Take a read through it to get a good idea of how to tackle the bk yourself, and good luck to you.

[SMinGA]

You will probably not have any issues w/ property owned.

GA allows $3500 for vehicle exemption, but since the car is in your name only it would not be listed as his possession I believe.

For personal property, he could list that - there is $5000 personal property exemption, though no item should be valued over $300. Then there is a $600 'wild card' exemption, good on anything even cash in a bank account. Last, if you are not using the homestead exemption (which he is not, since you rent) then he can claim an additional wild card of $5000 in lieu of the homestead exemption.

GA exemptions are generous, for those of us who really don't own anything of substantial value!

Atty fees will vary - but you also want to be sure to use a good atty. Simple ch. 7 cases will be less $ than someone having major assets, plus filing fees/credit report pulling fee/fee for credit counseling. Total fees probably $300-400 in addition to the atty fee.