This has probably been answered but I'm in panic mode.

[Shelly664]

I just found out portfolio has filed a lawsuit against me. I haven't been served yet but I went to my clerk of courts online and there it is. It's for a GE debt I quit paying on two years ago for 1500-2000..I'm not sure of the exact amount. I am currently unemployed I've been putting off filing bankruptcy for lack of money and fear of losing my house. I live in Florida with my boyfriend, house is in my name. I have a HELOC on it actually I'm the co borrower on that we pay on time every month some months it's interest only others it's more. We have three vehicles all in his name not because we were being sneaky he bought them all so they are in his name. I'm terrified of what may happen. I don't want us to lose our home. I want to file chapter 7 I more than qualify for it but I'm afraid my lender will foreclose because I filed.

I'm a nervous wreck right now. My house is all I have we have dogs never had children and we lose the house we lose what we consider our family.

Any advice or anyone with knowledge of keeping your home in Florida with Chapter 7 please help.

Thank You.

[justbroke]

The nice thing about Florida is that your creditors can't take your home since Florida enjoys an unlimited homestead exemption. Your lender can't foreclosure simply because you filed bankruptcy! You may even be able to do a so-called "ride through". The ride-through allows you to discharge the debt, but keep paying on-time. Whether you could ride-through really depends on the lender.

I would round-up about 3-5 attorney/firm names that handle bankruptcy and get a free consultation from them all. Let them explain the process and costs to you.

[ValleYum]

Just a thought - unless your BF is the co-borrower on your HELOC; you may need to bring up filing BK with your co-borrower sooner rather than later.

Good luck -you will be so relieved once you find out your options during the free consults that JustBroke suggested and get on track to a better future!

[Shelly664]

Just a thought - unless your BF is the co-borrower on your HELOC; you may need to bring up filing BK with your co-borrower sooner rather than later.

Good luck -you will be so relieved once you find out your options during the free consults that JustBroke suggested and get on track to a better future!

I'm the co-borrower the primary borrower on mortgage is my ex husband. I was kind of hoping to keep him out of this.

[justbroke]

I'm the co-borrower the primary borrower on mortgage is my ex husband. I was kind of hoping to keep him out of this.

Depending on the terms of your divorce (final decree), you may have liability for the HELOC (mortgage) even if you discharge the mortgage. You should certainly bring this up to any bankruptcy attorney and you may want to think about reaffirming, although I never recommend such. Unfortunately, not reaffirming would send the creditor to the ex-spouse but the divorce decree would be the truly controlling judgment.

[Shelly664]

Depending on the terms of your divorce (final decree), you may have liability for the HELOC (mortgage) even if you discharge the mortgage. You should certainly bring this up to any bankruptcy attorney and you may want to think about reaffirming, although I never recommend such. Unfortunately, not reaffirming would send the creditor to the ex-spouse but the divorce decree would be the truly controlling judgment.

Thanks for all the advice. The house isn't an issue. I'm up to date on payments and want to keep it. My concern is/has been losing the house. There was nothing in the divorce about the house. We agreed I would continue making the payments which I have for 8 years now.

[Bell30656]

You definitely want to seek the advice of a bankruptcy attorney. On the lawsuit. You can file an answer to delay the process. As has often been said in here, your chances of winning if it actually goes to court is almost nil. However, you can certainly buy a bunch of time. It takes no legal degree to file an answer. Run on down to your local courthouse, look up some other cases against this plaintiff. Find one that was answered by a high prices lawyer. Purchase a photo copy, go home and formulate your answer using your data in place of theirs.

How long can it buy? Well, I'm in Georgia, it was 13 months from the time I was served on the first lawsuit before I filed bankruptcy and it never made it to court. Each state is different and each case is different.

[goturtlego]

Actually fighting and winning a lawsuit is possible and if you know whay you re doing...quite easy. My husband and I were sued by Asset Acceptance
a month apart from eachother (both small claims under five k) niether went to trial and we won ( however we were prepared to go to trial if need be). We denied any accounts, we asked Judge to grant proof from lawyers and they couldn't...cases dismissed. Portfolio is a junk debt buyer..they bought your account for pennies. They never have proof. They have an account #, your names and address and your social security #. So? Show the proof! Don't be scared. You need to file your answer by denying everything except your name and your address...the obvious. You can private message me and I can give you an example motion to file. Make sure your send it certfied mail return receipt to plaintiff lawyer and court. Never talk to these people on the phone, never admit anything. Question...did they file any exhibits with the summons? Ours had generic "contracts". That was it. No proof whatsoever but they try to scare you. These people bank on nobody showing a up to mediation and they get an automatic default judgement which happens all day long. Our plaintiff was quite surprised we showed up and tried to settle. Nice try...settle what? ;)