Filing without spouse in New Hampshire

[caitty13]

Hi! I have been a long time leaker just trying to get information.

I am thinking about filing bankruptcy. I went out and bought bankruptcy for dummies and Have found several lawyers in my area that I plan on calling in the next weeks.

I live in New Hampshire so I already know that it's not a community property state which I assume is a good thing. Especially for my husband. We have one child and one on the way. If it wasn't for the new addition to the family and the added expenses I don't think I would even consider bankruptcy.

The only thing that my husband and I have together are the big things. House, Home equity loan and he is on my car. Other than that we have nothing together.

For myself I chose to get all the other debt in my name. Mostly credit card debt, the total shouldn't matter. I relived that we had a credit problem when I started juggling balances around. Right now Most of my credit has low interest rates that are going to be raised because the economy, not me. Once this happens I won't be able to afford all my my bills. Right now they are all current and have never been late. I do mess around with utility payments so I can get the other things paid and not have them late.

I don't do cash advances, but I have down balance transfers. It's been over 6 months so I am not concerned about that.

One thing that I do worry about is that my father drives and has paid 100% for a car that is in my name. Could they take this for an asset?

So the reason why I have posted is has anyone had any experience with filing alone and still be able to keep the house and car? I don't want to effect my husband in anyway.

We are not late on anything as of yet but it is tight that doing extra things like haircuts. oil changes. etc. are very tight and stressful when coming up with the money. I forgot to mention that I have student loans too. I have had them in forbearance since I can't come up with the money to pay them. I know these won't get written off...

Thanks for all your help. I am trying to be responsible so I am the one that got myself in this situation but it's beginning to be to much.

I forgot to mention that I owe about 18,000 on my car and it's with 13,000. As for the house we maybe have $10,000 on equity. The bank said it was about $160,000 when I got the HELOC and between the 1st and HELOC it totals $150,000

Any advice would be great. I have left a message for a Lawyer and waiting to hear back.

[krielly]

Hi there neighbor. I live in the state of Vermont, so that's why I say "neighbor".

Anyhow, just to answer a couple of your questions. Your home and car should be no problem. Sounds like you owe more on the car than it is worth, so there is no equity to exempt there. As far as the house goes, NH allows you to exempt up to 50K in equity on your home, so that should be fine too.
As long as you are current on both items and continue to pay for them on time, you should not lose them, nor should it affect your husband in any way.

Regarding the car in your name that your father paid for and drives. You don't say how much it is worth? NH allows you to exempt up to 4K for a vehicle. If it's not worth more than that, it shouldn't be an issue.... But it will be considered yours, as it is titled in your name.

Hope that's a start for you. Yes, definitely set up at least 2 or 3 free consults. Sounds like you're on your way!

Good luck!
K