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New, scared with lots of questions...married but filing single!

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    New, scared with lots of questions...married but filing single!

    I found this forum a few days ago (thanks to Google), and I have already learned so much. I hate that I'm in the situation that I'm in. I'm ashamed, scared, and depressed.

    A little background. Up until three or four years ago I was working part-time as a Real Estate agent. I didn't make a whole lot, but what I did make apparently made a bigger difference than I thought. I ended up sick, and unable to work. I've applied for disability, been denied twice, and am hoping to have my hearing before the ALJ in the fall.

    In addition to me not being able to work, we've had medical bills. We do have good insurance, but still with deductibles, and travel expenses to see specialists they've added up.

    Another thing, we've been trying to sell our house for two years now (we have no equity). The market here is not good. We have dropped it drastically, and I hope we will have it sold before the end of summer. We will have to pay about 3K to get out of it though.

    OK. Here are my questions. I am married, but I have most of our debt in my name only (50K). My husband has two CC's in his name only and we have two that we share. I will want to reaffirm the ones that we share as I don't want my Bankruptcy to affect his credit rating. Will the fact that I've filed show on his credit report for the two accounts we share even though I plan on reaffirming them?

    I don't want to lose our house. My concern is that our budget will show that we cannot afford to keep it even after I file (if it ever sells the new house payment will be much less and that shouldn't be a problem). The budget I've written up shows every penny accounted for. How picky are they about this? Do you have to have a certain amount left over in your budget?

    We have three teenagers. The older two have savings accounts with my name on them. Our daughter has been saving to buy a car, and she has about $1800 in there. I'd hate to think she could lose that money because of me. As soon as she finds a car she wants she plans to buy it. How likely is it that she could lose this money? Also, the two older teens buy their own clothes, and use their own money for movies, eating out, school lunches, etc. How do I show this? Or will it reall make any difference?

    I met with one attorney in our area, and didn't feel very comfortable with her. I have an appointment with another in a few weeks. The first attorney advised me to stop paying the CC's. I dread getting the phone calls. Honestly though, I've had to buy groceries, pay utilities and such on them just to survive. It's like I'm in this web and I can't get out.

    I'm a little confused about filing alone. I know that I don't have to list anything without my name on it. We have two rather old vehicles, but my husbands name is on the title to both of them. My name is on the first mortgage, but not the second. I know I have to list it, but we do want to keep it (well, actually, we'd rather sell it ).

    We have some life insurance policies that have some cash value. I believe my husband is listed as the beneficiary on them though. Do I need to list these?

    I know I've asked a ton of questions. I'm sure some of them will be answered by my attorney, but it will be a few weeks before I can get into him.

    Thanks a bunch.

    PS Can anyone point me in the directions of some specific info regarding filing alone when married? Threads, web sites, etc.
    Filed August 31, 2007
    341 Meeting October 10, 2007

    #2
    As far as your daughter's account, just depends on how it is listed. If you are the custodian on the account, yet she is the actual owner, then the money should be safe. If you are the owner of the account, then I'd be worried. If she's under 18, the bank should have opened it up as an UTMA, in which the money is actually hers, but you just care for it until she is of age.

    Your husband's credit won't automatically be affected by the BK, but it sounds like he may be on the edge with you. I'm not sure how reaffirming on unsecured debt is looked on in BK, hopefully someone with more history can help you out. I'm new to BK as well, having just filed on 6/11, but was a bank manager in a prior life, so can help you on the banking questions only.

    Sorry not more help - hang in there. This is a stressful time and I'm finding out that the support of these fine folks here really means a lot.
    Success is not so much measured by what one has attained in life but rather by what one has overcome while trying to succeed - Booker T. Washington

    Comment


      #3
      I filed single as well, I was advised not to worry about it unless they say something then amend your taxes as married filing seperate. The worse is that you will owe taxes but you only have to account for the last three years. I know a lot of people after the new law filed single and were married and had no problems. They may just ask you why you filed seperate, you need to have a good reason. As long as you did not lie on any other part of your taxes you should be fine.
      Success is reachable, stretch out your arm and grab it.

      Comment


        #4
        Originally posted by nosrus77 View Post
        As far as your daughter's account, just depends on how it is listed. If you are the custodian on the account, yet she is the actual owner, then the money should be safe. If you are the owner of the account, then I'd be worried. If she's under 18, the bank should have opened it up as an UTMA, in which the money is actually hers, but you just care for it until she is of age.

        Your husband's credit won't automatically be affected by the BK, but it sounds like he may be on the edge with you. I'm not sure how reaffirming on unsecured debt is looked on in BK, hopefully someone with more history can help you out. I'm new to BK as well, having just filed on 6/11, but was a bank manager in a prior life, so can help you on the banking questions only.

        Sorry not more help - hang in there. This is a stressful time and I'm finding out that the support of these fine folks here really means a lot.
        Thanks for the info. You were a great help! I noticed you're in Indiana too. I'm down here in SW IN.

        What does UTMA stand for? I know it's something about minor account, right? It's w/5/3rd bank. I'll give them a call and see how it was set up.

        I know my DH and I are both on the edge, but I am very hopeful about the immediate future....our house selling, me getting SSDI, and hopefully a PT job (going through Voc rehab now). We've been pre approved for a loan on our next house based on his credit only...I really don't want to jepordize that. Plus, he has a high profile job and is very well known in the community. I feel bad enough that my name will go in the paper (yes, they do that here), but I'd hate for his too also. Of course, most people will put two and two together.

        I feel horrible for doing this. I feel as if I've let my family down. Anyway, thanks again for your help.

        Filed August 31, 2007
        341 Meeting October 10, 2007

        Comment


          #5
          Yeah, I know - my name will hit, too - right there in the great old Evansville Courier. Yup - SW Indiana, too - coincidences, huh?

          Not sure what your husband does, but it can't affect his job, too many laws and regulations, now. What town are you in? I may know the 5/3 manager depending on what town. I was with Old National Bank up until about a month ago.
          Success is not so much measured by what one has attained in life but rather by what one has overcome while trying to succeed - Booker T. Washington

          Comment


            #6
            Hi,

            I am going through similar situation, filing as single but I'm married. Attorney says that unless I change what my tax return says (single), my CH7 filing will also be as single. Anyone gone through a successful discharge in CH7 as single but legally married?

            thanks

            Comment


              #7
              specialop99 please re-read the Forum rules about opening old threads. You opened two threads each from more than 5 years ago (2007 and 2010). Additionally, you have already posted a question on this topic. If there are active members, they will see the new thread.

              (Please do not respond to this post either.)
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

              Comment

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