So glad...(and maybe a question or two)

[cleverdonkey]

I can not even begin to express how much this forum will help me. There is so much information here I don't even know where to start. So anywho, a little back ground in hopes of some insight/help or even to be sent in the right direction.
I have not talked to a lawyer yet. I have talked myself out of it in the past because I felt Id figure out a way to pay my debt down. Planning on talking to some lawyers this week. I am not delinquent on any of my CCs. Though I am 1 1/2 years late on my federal taxes. I felt the need to pay the bills I had in my hands as opposed to pay my estimated taxes.I am self employed. I will forever be behind at the rate I have been going. I have just under $34,000 in CC debt (not including $5000 I borrowed from my mom to pay taxes and pay off other debt (wow, some nasty demons coming to realization). My husbands name isn't on any one of my cards. Even though we "own" our home and have equity in it, I am not able to access that to help me. I dont want any decision I make to affect my husband. Not sure how Bk is not going to affect him Im really unsure if BK is the right road for me. I guess I will figure that out when I talk to a lawyer. Is there a way to keep him out of it? How long does it take to get the ball rolling (I have seen some posts about waiting months to file)? Do I have to be late on my CC payments to file?
Anyway, Thanks in advance.

[DeadManCrawling]

suggestions:

STOP paying CC's if you are going to file for sure. Either save that money in some exempt assets (401k, homes in certain states, etc) or START paying the tax bill. They will be paid first anyway if its a ch 13. If it's a 7, you will still have to figure out a way to pay em if they are in the last 3 years. Either way, jut as well send that money to the gov't and let the BK court try to force them to return it, instead of paying CC debts.

It is highly unlikely you will keep your husband out of it, if your intention is to keep him in the dark.

He will find out, certainly. If your intent is to keep him clear of the mess with his knowledge of the filing, that may be doable, but depends on where you are at and your circumstances.

A few more details and I am sure others will chime in.

Good luck!

[cleverdonkey]

DH is fully aware of my situation. We were just talking about how the taxes should be paid first. And that I should not pay the CCs. I have $450 in CC payments to make this week, or maybe not.... I have continued to pay my CCs because I wasn't sure that BK was the right thing to do. I was doing the die another day scheme.
I just don't want them to come after the house. We bought our house 10 years ago. Its the only thing both our names are on. We put his name on my checking account a few months ago thinking it would be better if he was "in control" of my spending (until I missed a payment, which doesnt happen usually). Should I take him off the account? I'm in Oregon.
I have a phone appointment with a lawyer tomorrow.

[Billssuck]

I was just like you two months ago...current on all CCs and still trying to swallow accepting filing BK. But when we saw our lawyer and saw the amount of our debt, it was very clear it was the right thing to do if we EVER want to retire. The first thing our lawyer said to do was to stop paying the CCs. It won't do you any good and you might as well save that money to pay him, do house repairs, car repairs, etc. It was very hard for me to not pay my debt as I felt I was obligated to do but it is getting easier. We have our appointment with our attorney this Thursday to fill out our schedules and will probably file on the 28th (don't know yet for sure if it will be a ch 7 or a ch 13) . I really think that they like for you to have stopped charging on your cards 60-90 days before filing but there is no set time frame that I have found for how late you are with paying the creditors. In my case it will be just over 60 days when we file and just around 90 days when we have our 341.

[cleverdonkey]

I have pretty much stopped charging on my CCs. The last time I can remember was the middle of April.
Yeah, retirement will never happen for me either keeping things like they are now. Let alone taxes getting paid, cars getting fixed. Im so freaked out about not paying my bills on time, or should I say at all. Im worried that I wont pay them and the Lawyer will say that neither BK would be a good choice for me.

[eddiep]

If you are still on the fence about filing, keep paying the ccs. Once you get behind the interest, late fees and over limit fees will do you in. You will have no choice at that point. You need to talk to a lawyer and make sure your home is going to be safe before you make your decision.

I would be concerned if you do have equity. Talk to a lawyer (or two or three or four!) before you make up your mind.

Stop using the cc now, things will be a lot less complicated and stressful if you don't use cc 90 days before filing.

Don't take your husband off your account before you talk to your lawyer.

Don't pay your mom back. Let me repeat. Don't pay your mom back. Hopefully she will be understanding and patient. You will be able to pay her back after the bk is discharged but if you pay her back now the trustee can drag her into this mess and demand the $5k back to split among your other creditors so it will be money wasted.

Since you are trying to keep hubby and house out of this mess you need to plan your bk very carefully. There is alot of great info here but you also need a lawyer that knows the details of your situation and the ins and outs of the local bk court. Good luck I hope everything goes smooth.

[cleverdonkey]

My mom is super understanding. Which is great. I haven't used a CC since the 15th of April. I'm getting my questions ready for my phone interview with a Lawyer. Hoping I don't miss a crucial question.

[eddiep]

dont be too surprised if the lawyer can not answer all your questions in the initial consult. He will probably ask for rough numbers on income and expenses but he should be able to advise you on how he can protect your hubby and your home and what possible issues you may face. I feel it is best to have a lawyer that only does bk, ask him is he will attend the 341 meeting, if he is available through email or phone to answer questions along the way. Set up meetings with a few other attorneys before you retain one.

[cleverdonkey]

Oh, those are good questions.
The guy I'm talking to tomorrow is a BK lawyer. The firm came highly recommended by a client at work. I guess I will see tomorrow...
Thanks for all the info.