TN Spouse Filing Chapter 7

[looking4miracle]

Hi,

My spouse is filing for Chapter 7 Bankruptcy and we have a meeting with an attorney in a couple of weeks. In the meantime, I'm trying to make sure I'm protected. I have a checking account opened in my name only, in which my spouse is not associated with by name or SS#. I frequently have nice deposits from my new interior design business, so I want to make sure that this account is safe during his bankruptcy. It's not uncommon to have several thousand dollars coming in weekly, but this also goes right back out, as purchases/services for the client.

Also, when his bankruptcy is over, how long do we wait before we pay off his remaining bills such as his student loan and vehicles?

We're living on like 81 cents in the bank and we have to have some sort of relief. He lost his job due to some restructuring of management, so we're just trying to get by. We have contacted credit card companites to get them to work with us, but most of the hardship programs only last 11-12 months. Only one of them was a 5 year payoff program that was actually something that would help us, but only one of the 5 that we have doesn't change everything for us.

I understand that Tennessee is not a community property state, so I think my business in my name is covered, but I'm really worried about it. I haven't been able to sleep at night and I just wondered if anyone has info on this.

Any help would be appreciated.

[Dawn1970]

Sounds to me like you're protected. If the business and bank account associated with it are solely in your name and were never in his name, then you should be all set. As for how long to wait before resuming payments on student loans and vehicles, as soon as you get discharged from you BK you would be expected to resume payments on the student loan and as far as the vehicle, if he intends to keep it through the BK, then he should be keeping the payments current on it throughout the BK so that he will be able to reaffirm the loan on it with no problems. As for the credit cards, are they in his name only? Because if not, then you alone will be pursued for the remaining balances on them, since the BK will prevent them from pursuing your husband individually. As long as the credit cards are just his and never had your name on the account, it should be fine. Best of luck

[looking4miracle]

Hi Dawn1970!

Thanks for your reply! All of his cards have been in his name only. He has had them since years before we even met. I am listed as an "authorized user" on two of them - does this mean that I would be responsible? I know I've never given them any of my personal info, signed anything, or used the cards at all. Thanks for asking about that - I never thought of that possibility.

[looking4miracle]

Hi - I just checked with some other sites and I think I found out that as long as I'm not a registered card holder with the credit card, I can have my name removed. But, when I called BankOne, they refused to remove my name from the account. They just stated that since it's late, they will not remove it. I ran my credit report and disputed the entry of both this card and the other one (CitiBank) I'm listed as an authorized user on. Has anyone had this come up before and how did it work?

[nature]

Citi Bank is the card i am having to file bk on...i owed 4000.00 ran into some problems in my life and bang before i knew it .. it was 9000.00 the only card i have to..but they refused to work with me .. so i filed bk on friday.. my attorney said is this your only debt and i told her besides my car and house yesss...