Should one spouse file???

[toomuch]

If you read my last thread (It only gets worse...help), you will see hubby and I are in big trouble.

He works and makes decent money, but we are barely getting by. Our house is the last thing we have, after letting vehicles go back, quit paying cc's last Sept 06.

I am on the deed to the house but not the loan. I know any time someone is going to place a lien on the house, garnish his wages (I don't and can't work) or a judgement of some sort.

Can he file BK alone and then later I can?? Or would that not make sense at all? With me having to go through cancer treatment and waiting for reimbursement for expenses (cancer policy), I can't file yet. It looks like next Feb or Mar before we can file.

Thanks,

Too much

[lrprn]

Can he file BK alone and then later I can?? Or would that not make sense at all?

Yes, you can each file separately of each other. Whether it makes sense to file that way or together is a great question to ask 3-4 very experienced bk lawyers in your area. Have you made appointments for your free initial consults yet? You will learn a great deal about what's possible and what isn't in your very difficult situation. Keep us posted about what you find out, ok? Know that our thoughts and prayers are with you.

[toomuch]

Yes, you can each file separately of each other. Whether it makes sense to file that way or together is a great question to ask 3-4 very experienced bk lawyers in your area. Have you made appointments for your free initial consults yet? You will learn a great deal about what's possible and what isn't in your very difficult situation. Keep us posted about what you find out, ok? Know that our thoughts and prayers are with you.

We met with 3 attorneys at the beginning of the year. I don't feel comfortable with any of them. Finding one experienced lawyer would be a challenge around here....but 3 or 4?? I doubt it. From what I'm hearing, most of them are still learning the new BK law. I wish I could hire one out of our area. There is one in North Ga that sounds like he knows what he's doing.

I just don't want hubby's wages garnished. That would hurt. I thought it was only 10% and now I saw on another thread it's 25%. Ouch!! That would hurt, big time.

Thanks for your replies 1rpn. I appreciate you not being judgemental. I know we messed up. Boy do I know. It makes me sick.

Too much

[JRScott]

Is the debt in both your names?

If it is then just one of you filing really won't change anything or at least I don't think it will.

[toomuch]

Is the debt in both your names?

If it is then just one of you filing really won't change anything or at least I don't think it will.

Half of the debt is in his and half in mine. We are both on the deed to the house, but only he is on the loan.

The first lawyer I saw said I could do a 7 and him a 13. The second lawyer said we could probably do a 7 together even though we are over the medium for our state. The 3rd lawyer took about 5 minutes with us, asked a few questions and then scribbled a number out for either a 3 or 5 yr plan (our choice).

Too Much

[Boscoe]

Where do you live, and maybe I can recommend a couple of attorneys?

[toomuch]

Where do you live, and maybe I can recommend a couple of attorneys?

Thanks,

Savannah, Ga.

Also I just found out for sure that the benefits paid to me from my supplemental cancer policy does count as income so I'll we file anytime soon, they will get all of that.

TOO much

[Boscoe]

Try this attorney.

Name removed. PM me if you want it. Don't want to get in trouble with the forum police.

She is a bk trustee as well. If for some reason she will not take your case, ask for someone she recommends. I used an attorney who is also a bk trustee and it helps alot! They know exactly what the trustee you get will be looking for, and in many cases knows the trustee personally. Especially in a smaller area like Savannah.

Good luck.

[lrprn]

Here in the forum we don't recommend or guarantee that any individual lawyer is better than another, Boscoe. It's great you want to help, but in the future please share this specific information using PM (private message). Or direct the poster to the list of sitting Ch 7 trustee lawyers at http://www.usdoj.gov/ust/eo/private_.../locator/7.htm and let them choose one for themselves.

If you check the list, there are several sitting trustees in Savannah.

TooMuch, be careful not to interview all the trustee in your area or the trustee pool will be tainted and the court will have to bring in another trustee from outside the district.

[toomuch]

Here in the forum we don't recommend or guarantee that any individual lawyer is better than another, Boscoe. It's great you want to help, but in the future please share this specific information using PM (private message). Or direct the poster to the list of sitting Ch 7 trustee lawyers at http://www.usdoj.gov/ust/eo/private_.../locator/7.htm and let them choose one for themselves.

If you check the list, there are several sitting trustees in Savannah.

TooMuch, be careful not to interview all the trustee in your area or the trustee pool will be tainted and the court will have to bring in another trustee from outside the district.

Yes, I'm a bit confused about this. It looks like all of the trustees would talk to each other and alert them to any info. There is an attorney/trustee in Savannah but I can't go see him if he's going to be the trustee. I just don't get it. I wonder if it would be safe enough to see the one in Statesboro, which is in another county, but only 35 minutes away.

Thanks,

TooMuch

[Boscoe]

Too much, since Savannah is not a huge area, I would just make an appt with one attorney who is also a trustee (and only ONE). I am confident that whichever one you visit, they will be acceptable to you. Of course, you have to select an attorney that you are comfortable with, but I would just limit it to just one.

Savannah has more than one, so you are ok there, and if they practice BK law, then you are only one of many many clients.

Let us know how it goes.....