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    Has to be a way

    After recently seeing a lawyer, he advised a Chapter 13 by
    myself only as most of unsecured debt is in my name mainly
    from failed business startups.
    We need to protect our house which was recently appraised at
    $94000 which we owe about $39000. We have about $38000 exemption
    for both of us. That leaves $17000 equity before subtracting selling
    costs. Also the house would probably sell for alot less than $94000
    in a depressed market and needing a quick sale. If that were the
    case the equity would be wiped out so how do they figure this?
    Lawyer advised house would be protected in Michigan if only I
    filled and wife did not since we own the house togeather, can't
    remember the legal term at the moment.
    The real problem is I am having a terrible time finding steady work
    after home business fiasco and need to show steady income in order
    to file Chapter 13. Income just varies wildly from month to month.
    I am currently an Insurance Agent and work another job that does
    not guarantee hours.
    Wife job is steady but income is not that great. We are way below
    the means test for a family of 4.
    Big question is can we fill a Chapter 7 without giving up the house?
    Should we take an equity loan to burn up the excess equity?
    What is the basis of figuring the equity? If they could only get
    80,000 for the house less closing costs remaining equity is protected
    so I am very confused here.
    I am three months behind on several accounts and don't know how
    long I can starve them off.
    Any advise is greatly appreciated.
    Thanks,
    MM9999

    #2
    If you cannot find steady work, you should be able to file an individual chapter 7. Consult an attorney about filing an individual chapter 7. This would not of course wipe out debt that is also in your spouses name. Good luck.
    Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
    Plan Confirmation 6/16/06 :yahoo:
    Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

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