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    Advice needed...

    My wife and I our in approximately 65k of cc debt. I married into a lot of debt and due to medical bills from our 2 boys we have had to live on credit. We ended up using all our savings paying insurance deductibles (my company has a $2,000 deductible per person). We have been living in debt for about 5 years now. Living paycheck to paycheck. No matter how hard we try we can't beat the debt. We have called all the CC companies and none of them want to work with us. My wife was literally crying on the phone with Bank of America and they told her tough luck. We don't want to file for bankruptcy, but it's starting to get to that point where we might have to. We are at a point now where we can't make our minimum payments and can't see a way out of the debt. It got really bad when a year ago i had to take a 15% pay cut. We have been thinking about having her file for bankruptcy (chapter 7) and let me pay the debt off in my name. That way I keep my good credit and will be able to buy a house within a year or two.

    I have about 25k in debt in my name and the rest is in her name. We don't pass th means test. My yearly income is $55668 and in the state of Ohio for a house of four the median is $74,234. We have two little boys who are 2 and 4 and we would like to buy a house in the next year or two. We currently own a condo which we owe money still on. We also own one car which we owe nothing on. Also our budget is very basic. We have basic cable and luckily my cell phone is provided by my company. We can't cut anything else out.

    Would my wife be able to file chapter 7 or would she have to do chapter 13? Should we both bite the bullet and both file? My wife has no income so would they use my income to decide if she qualifies for chapter 7 or 13?

    We have an appointment to meet with a bankruptcy lawyer here in Ohio so hopefully they can help out. I am just trying to find out as much info as I possibly can. This is a great forum and it's nice to know there are other people in our situation. thanks in advance.

    #2
    While your income must be disclosed, since you are responsible for all hh expenses plus, debt that's in your name it should have no affect on your wife's ability for file a Chapter 7.
    Were I you, I'd stop paying the cc bills in her name and use that money for living expenses. If you can't make ends meet that way, you probably need to file as well.
    Bk is just step one. You also have to think about your abilty to support yourself post bk.

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      #3
      According to what you said on income you do pass the means test. You need to make under the $74,234, which you do. Far as filing your wife or both, weigh it out. If you both file, you are debt free. According to your figures it appears you have $90K in debt between the 2 of you, not including your condo. Do you owe more on the condo then it's worth? Do you have equity in it? Are you current on the mortgage?

      It sounds like you are a good canditate for BK. Like so many on here you are in over your head. No way to live.

      Check out BK exemptions for Ohio http://www.legalconsumer.com/bankrup...n%2C+OH-KY-IN]

      Good luck and remember make sure your attorney is right for you. You need to feel comfortable with him, and hey ask him if he accept creditor phone calls. It will come in handy to be able to foward all those calls directly to him/her.
      Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

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        #4
        Originally posted by justplaintired View Post
        According to what you said on income you do pass the means test. You need to make under the $74,234, which you do. Far as filing your wife or both, weigh it out. If you both file, you are debt free. According to your figures it appears you have $90K in debt between the 2 of you, not including your condo. Do you owe more on the condo then it's worth? Do you have equity in it? Are you current on the mortgage?

        It sounds like you are a good canditate for BK. Like so many on here you are in over your head. No way to live.

        Check out BK exemptions for Ohio http://www.legalconsumer.com/bankrup...n%2C+OH-KY-IN]

        Good luck and remember make sure your attorney is right for you. You need to feel comfortable with him, and hey ask him if he accept creditor phone calls. It will come in handy to be able to foward all those calls directly to him/her.
        Sorry I wasn't clear. We have 65k debt between the both of us. We have 40k in her name and 25k in my name. We are current on all our credit cards and mortgage. October will be our first month where we wont be able to make all the minimum payments. The condo mortgage is good. We don't owe more than it's worth. I have made all the payments and still plan to make payments on it.

        Thanks

        Comment


          #5
          Most of us on this form do not WANT to file bankruptcy but have no other option. With over 140K in cc debt and 50% less income than we're used to making left us with no other option. My husband fought the idea for as long as he could until he realized there was no other way out. Good luck to you.

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