Newbie Help [Archive] - Bankruptcy Forum

symbian

10-09-2006, 07:49 AM

lrprn

10-09-2006, 07:32 PM

Lurker for a while, just now registered.

I do not think I will be below the median income in NC. I am married but would like to just file myself, is this possible? Our house is in my wifes name, and the cars as well. Can I still claim those as expenses? I do no see myself being able to afford a $1000 a month payment.

I basically have only one debt, but its killed my credit. I had a car repoed that was $48,000. The car sold at auction for $23,000 so now I owe the difference.

I have a baby due in a month, and am trying to not let this affect my wife, or her worries about money.

Does anyone have any advice? Options?

Thanks!

Yes, you can file separately from your wife. What matters is if your finances are mixed with your wife's in any way - you said no to house and cars, but what about credit cards or unsecured loans? Whatever both your names are on she will be expected to pay.

Also some liens are not dischargeable through bankruptcy - you need the advise of an experienced bankruptcy lawyer in a situation as complex as yours. Make 3-4 appointments and go talk with them before making any final decisions. Most allow free half-hour to hour long consultations with no expectation of being retained. However, if you are above the median income and the Means Test shows you have disposable income, you'll be in a Ch 13 and you will most definitely need a lawyer for that.

Without knowing more of the specifics about your situation, it's hard to give more specific advice than this. Hang in there - ask more questions if you want. We're here to help if we can.



	Bankruptcy Forum > Before the Discharge > Chapter 13 > Newbie Help PDA Newbie Help symbian 10-09-2006, 07:49 AM Lurker for a while, just now registered. I do not think I will be below the median income in NC. I am married but would like to just file myself, is this possible? Our house is in my wifes name, and the cars as well. Can I still claim those as expenses? I do no see myself being able to afford a $1000 a month payment. I basically have only one debt, but its killed my credit. I had a car repoed that was $48,000. The car sold at auction for $23,000 so now I owe the difference. I have a baby due in a month, and am trying to not let this affect my wife, or her worries about money. Does anyone have any advice? Options? Thanks! lrprn 10-09-2006, 07:32 PM Lurker for a while, just now registered. I do not think I will be below the median income in NC. I am married but would like to just file myself, is this possible? Our house is in my wifes name, and the cars as well. Can I still claim those as expenses? I do no see myself being able to afford a $1000 a month payment. I basically have only one debt, but its killed my credit. I had a car repoed that was $48,000. The car sold at auction for $23,000 so now I owe the difference. I have a baby due in a month, and am trying to not let this affect my wife, or her worries about money. Does anyone have any advice? Options? Thanks! Yes, you can file separately from your wife. What matters is if your finances are mixed with your wife's in any way - you said no to house and cars, but what about credit cards or unsecured loans? Whatever both your names are on she will be expected to pay. Also some liens are not dischargeable through bankruptcy - you need the advise of an experienced bankruptcy lawyer in a situation as complex as yours. Make 3-4 appointments and go talk with them before making any final decisions. Most allow free half-hour to hour long consultations with no expectation of being retained. However, if you are above the median income and the Means Test shows you have disposable income, you'll be in a Ch 13 and you will most definitely need a lawyer for that. Without knowing more of the specifics about your situation, it's hard to give more specific advice than this. Hang in there - ask more questions if you want. We're here to help if we can.