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Considering Chapter 7, need a few questions answered please!

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    Considering Chapter 7, need a few questions answered please!

    Hello, my husband and I are considering bankruptcy but we have a few questions.

    Do you have a one year residency requirement? We lived in PA all our life and the moved to SC for 11 months, we just moved back to Pa a month ago and I want to make sure we can.

    We have about 24k in unsecured debt. A repo from 2003, some credit cards and charge offs from catalogs and stupid purchases we never paid when we were younger. Will this get charged off with any problems?

    We have six credit cards that haven't been paid in almost two months and i want to cancel them but will they still acrue interest? What is my best way of handling them i I plan on filing Chapter 7?

    We are currently receiving food stamps because we just moved back and haven't found jobs yet, I cannot afford a lawyer. Can I get the forms at the library or at the courthouse and file myself? I also wonder if county assistance has free legal help????

    I heard that you have to go to crediut counseling for 6 months prior to filing, is their any truth to this?

    We sold our house when we moved to Sc so we have no assets, I have a car payment that I'm current on and have to have to I think I can reaffirm that right???

    Thank you to whoever answers any of my questions, I really hope we can get a fresh start again and start over.

    #2
    Someone else will have to help as to when you can file but, it should not be too long.
    All unsecured debt like credit cards and a repo may be discharged in a Chapter 7. You must take a credit counseling course and have a certficate from a company approved in your district. This must be done within 180 days of filing. After the 341 meeting, you have 45 days to take a debt management course.
    Just leave the credit cards alone. They'll be discharged in bk. Makes no difference if they accure interest or not.
    Were I you, I'd put bk on the backburner and concentrate on finding jobs. You have to be able to support yourself post bk or, the effort is wasted.
    Start reading old post from this site and hit the FAQ's and get familar with the process.

    Comment


      #3
      Before filing yourself, I would call Legal Services. You may quality for free representatives. Also, you can call the PA Bar Association and tell them you're looking for free representation. The Bankruptcy Court may be able to refer you to someone as well.

      So there is some help out there. Hopefully you can qualify for it.
      Start here--you'll need to find the office that covers your part of the state. Not sure where exactly you live in Pa.
      This website is for sale! palegalservices.org is your first and best source for all of the information you’re looking for. From general topics to more of what you would expect to find here, palegalservices.org has it all. We hope you find what you are searching for!

      Comment


        #4
        Originally posted by 2kidsrenough4us View Post
        Hello, my husband and I are considering bankruptcy but we have a few questions.

        Do you have a one year residency requirement? We lived in PA all our life and the moved to SC for 11 months, we just moved back to Pa a month ago and I want to make sure we can.

        We have about 24k in unsecured debt. A repo from 2003, some credit cards and charge offs from catalogs and stupid purchases we never paid when we were younger. Will this get charged off with any problems?

        We have six credit cards that haven't been paid in almost two months and i want to cancel them but will they still acrue interest? What is my best way of handling them i I plan on filing Chapter 7?

        We are currently receiving food stamps because we just moved back and haven't found jobs yet, I cannot afford a lawyer. Can I get the forms at the library or at the courthouse and file myself? I also wonder if county assistance has free legal help????

        I heard that you have to go to crediut counseling for 6 months prior to filing, is their any truth to this?

        We sold our house when we moved to Sc so we have no assets, I have a car payment that I'm current on and have to have to I think I can reaffirm that right???

        Thank you to whoever answers any of my questions, I really hope we can get a fresh start again and start over.
        In filing bankruptcy since you have not lived in PA for the previous 2 years I think you'd have to use the SC exemptions not the PA ones.

        Charge Off is the designation that is used when a credit card company sells your debt. They typically do that around 6 months of nonpayment, a few do it sooner. Whether they are dischargeable depends on what the debts are for? Taxes and Student Loans cannot be discharged in bankruptcy.

        They won't allow you to cancel them without paying off the balances. Yes interest will still accrue.

        I would wait to file until after you have found a job. However yes you can find free assistance sometimes or low cost.

        Yes you have to do credit counseling.

        Without a job you will not be allowed to reaffirm the car, there is no way a lawyer or judge would sign the order. You can only reaffirm debt that does not place an undue burden on your household.
        May 31st, 2007: Petition Filed by my lawyer
        July 2nd, 2007: 341 Meeting Held
        September 4th, 2007: Discharged and Closed.

        Comment

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