I got served last friday....

[Marymom]

Been seperated 4 plus years. No Contact with H.

Have exclusive possession of the house. He took anything that was worth anything when I was out of town 4 yrs ago.

He left with hardly any debt. (I had better credit and rolled his over into my name a few months before he left)

About 100k in unsecured debt. Lucky if there is 15k equity in house.(I'm in PA)

I want to file 7, keep the house (the state put renovations in the house for my son who is disabled.

I don't want him in this bankruptcy. Can I file on my own and keep this place? And what about reaffirming? The lawyer I went to today told me I had to.


And the papers I was served were for 40K (was 20 a few years back) in CC debt. I haven't paid on them in over 2 years.

I collect SSI for my son and CS and SS. I also have a home business that brings in a few hundred a month. Total about 1700. Mortgage is 1K.

The lawyer wants 600 bucks to fill out responses to the claims and another 1500 for BK.

I feel like I'm in the middle. Thanks for any advice you can give me.

[keepmine]

You can file bk by yourself.
In many distrcits, you are required to reaffirm the mortgage. $600 is far too much to file a response if, you are going to wipe out the debt in bk. Were I you, once I got the filing number, I'd respond to the lawsuit myself. Saying you've filed bk on this date and here is the filing number and the name of my attorney. Ask that the case be stayed until the bk process is completed.

[Marymom]

Thanks, I guess the wording is what I needed. I know I owe the debt. He told me he could delay it by technicalities. Why bother. From what I have read even if I do get a judgement, he can be erased by BK.



I'm going to try to get reduced fees for legal tommorrow.

Thanks,

I was still wondering if I can file seperately from husband and keep the house. This he was very vague on.

If by chance we filed together, I know we would be 13 eligible. But I KNOW he would never pay his portion.

[Minnymouth]

You can file separately yourself and keep the house as long as you make the payments on it.
Any bills that both your names are on, the creditors will leave you alone once you file, but will go after him if they can find him.

You did not state whether you were legally separated or not. This could have a bearing on your case.

After 4 years have you not thought of divorcing this man....?? It could be in your best interest all the way around.

If your going to "clean the plate", be kind to yourself and get rid of all the "dirty dishes" and start with a new beginning for you and your son.

[Marymom]

Thats great news. I'll be rid of him once this is over....Thanks!

eta: No legal seperation in PA.

[Marymom]

Well I did it.

Completed the credit counseling...fee waived.

Appt with the lawyer on 8/26 thru legal aid. Total cost would be 735.00 including filing fees.

Got a credit report. Lots of things on there that are not mine. Going to start disputing them.

They told me not to worry to much about the lawsuits. Once I file there will be a stay on them.

Working on coming up with the cash...I will do this.. yes I can!

This place has been a lifesaver. Thanks!

[Lajazz947]

Count on us for any help that we can give. You are not alone in this.

[JRScott]

Good Luck Marymom, I'm glad you are working on this. I would also seek a divorce though, sounds like this chums been using you all along

[Marymom]

I filed for divorce 4 years ago. I'm tired of paying lawyer fees for things that he complains about but does nothing about. I have used up my 401k and all my savings with the lawyer on bullshite. He has done nothing re settlement and I am out of money.

So. .. right now I get a hefty amount in SS and he is not allowed on the property. He has all the assets. So if they want to go after him after I file BK let them. I'm tired of cleaning up his messes. I'm cleaning up my own now and not going to worry about him.

Thanks for your support. I will get thru this. Then I will be able to get the divorce finalized. I plan to get him to sign a quit claim deed and me to finance within 7 years.

[AngelinaCat]

Good luck to you, Marymom and your son. Give yourselves both big *HUGGS* from me and my DH 'Hub.

[cool33097]

Good luck. Let us know if you need anything. Big HUGGS.