Certified letter from credit card attorney

[lriff]

I live in Ohio and filed for chapter 13 two years ago,paid on it for 6 months then lost my job and was unable to pay anymore
The trustee dismissed my case
I still do not work,I am a stay at home Mother of 3 small children,and debts were in my name only not in husbands,he flipped when he found out about them,and refused to pay,cannot say I blame him
Well today I receive a letter certified from my local court,that I have 28 days to respond as they are seeking the 4500.00 plus 28% interest from 2004,when last payment was made,this is bank of omaha,I know all the credit card companies are coming after me,will the force the sale of my home,it is in my name and husbands name,he was never on cards,I do not know what to do,as I have no money and husband refuses to help
Thanks

[JollyGG]

Sounds like a chapter 7 bankruptcy in your name only may be your best option. Schedule free consultations with three or four bankruptcy attourneys to discuss your situation.

I am assuming that these debts are not something that can be handled with a part time job, doing child care, or some other means of increasing your income. If they are then by all means use those options first.

[lriff]

yes but I am worried with chapter 7 them taking my home as I do have around 40,000 in equaity
The home is in my name and my husbands
I cannot afford a attorney,how much time do I have until this goes to court,I did fax and email the attorney who sent the letter,I would like to make arrangements
Thanks as I am so sick over this

[lrprn]

yes but I am worried with chapter 7 them taking my home as I do have around 40,000 in equaity. The home is in my name and my husbands.

In Ohio (a notoriously stingy bankruptcy exemption state), $5,000 equity from your home is protected and there's also a $400 wildcard that can be used for anything.

HOWEVER, the good news is that Ohio is a "property held as tenancy by the entirety" state so the home's equity may be exempt against debts owed by only one spouse. In your situation, since your husband is also listed as the house's owner, that *may* protect your $40K equity. You MUST consult with 3-4 local bankruptcy-specialty lawyers to make sure though! Most give a free hour consultation, so start making those appointments. Lay out what you've told us here and find out if they think filing Ch 7 as a single filer without your husband would work. Good luck - we are all hoping things work out for you!

[lriff]

My name is also on the deed,but not the loan
He had no clue of this debt
I just looked in the courts dockets and they did pay 106.00 to file,I have no date but 28 days to respond,which I did send a fax and email,which was on my letter
This is such a sickning feeling
I have no clue how to pay a attorney to file,I am so concerned over the house having a lien put on it
Thanks for your response

[Minnymouth]

Okay, so you hid these debts from your spouse.............bad mistake........

NOW, what is HE going to do to help both of you get out of this situation......SIT ON HIS ASS AND DO NOTHING............ NICE SPOUSE!!!!! WONDER WHAT HE HAS STASHED AWAY that YOU don't know about!!

Ask him if he wants to keep the ROOF over his head or supply money for an attorney to keep it?

When he has to PAY the Trustee for your half of the house, in order to keep it, see how he likes that!! Legally you own half the house (your name is on the deed) but your half is free and clear because your name is NOT ON THE LOAN! He is totally responsible for the loan.

Consider filing Chapter 7 in your name only. Find 3 attorneys, discuss everything with them about the house loan/deed and find out what they have to say.

Keep us posted......

PS Love that spouse, but don't take no bull off him..............I'm sure he has debts also!

Doesn't make any difference on "whose debt it is" - it exists, its a problem now, and your marraige is supposed to be a partnership - for better or worse, thru thick and thin, richer and poorer....... or has he forgotten!!!

[Minnymouth]

PS - your attorney you choose my let you have a payment plan, ask about it...