I finally saved $500 to retain a lawyer late this month. I am filing on my own. None of the debt is my spouses. Even though I am on my own,finacially I am told that his salery counts. He makes $84,000. I can not afford a divorse attorney and a bankrupcy attorney. Being sued in Jan and need to take care of that. I am afraid that I will retain the lawyer only to be told I can't file. What do I do then? Thank you.
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A lawyer should be able to answer your question during a free consultation. Clearly your situation is a pre-condition of whether or not the attorney will be able to represent you, hence, the free consultation answer.Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC -
You say you are "on my own"....does this mean you have separated households (moved out) and are filing for divorce?Originally posted by merime View Post
If you can prove to the court that this is the case (and you are simply not fighting) then you MAY NOT have to count his income. I know this first-hand.
Ask a lawyer for specifics.Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets
11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--DischargedComment
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Unfortunately, his salary does count. If I remember correctly, you are still living in the home with him and have not separated from him. Merime, filing bankruptcy now is going to be difficult for you. If you can, try to make arrangements with the creditor that is suing you to make small monthly payments to avoid a judgement. Then, please work on planning your future. You have been given wonderful advice by many here over the last couple of months. Please try and do something to create a better environment for yourself and your children, then worry about the bankruptcy filing.Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.Comment
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I am. Yes, I have followed advice to the letter. Just want to be prepared for any surprises ahead. I talked with 3 attorneys and found there are no clear cut answers. If you are not living with , but not yet filed divorse papers the answer varies. One told me there could be exemptions. Another said do not worry about his income. The last thing I want is to put my faith in an attorney and have him take the money I am suffering to save and tell me no you dont qualify. It seems to me that they will not give me any real information until I retain them. I know that judgement and bankrupcy should be last on my mind. However, I am not one to just ignore a situation and end up having it bite me from behind. Now that I have some security , I am doing my best to make sure things only move in a positive direction. Thank you!Comment
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Keep your faith...it is always darkest before dawn.Originally posted by merime View Post
Personally, I've been through hell and back. I can only assure you that it will ultimately get better. Sounds like you have kids. Use them (and God) for your strength. Act more than worry (as worrying does nothing but sap your energy.)
I decided I wanted to tell my son a great "comeback story" some day - and that helps me move forward.
Hang in there!!!!!Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--DischargedComment
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