Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Florida BK Questions-one spouse file

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Florida BK Questions-one spouse file

    I'm not sure this is the right catagory for this post, but I have several questions.

    We are current on all debt, but can't/won't be for long. We have 40,000+ in CC debt! Some of it is from large purchases, but most is wal-mart/gas/clothes/dr bills debt.
    After all bills are paid each month we have about 350 bucks TOTAL.
    This is all we have for groceries/gas! So we use our credit cards...they're about full now and I'm quite upset.

    Most of the credit is in my name, my DH is an authroized user but they are my cards. He has one card from Rooms to Go, and the payment is only 60 bucks a month and no intrest. We bought bedroom furniture for our sons. It's a year old.

    I am a stay at home mom with a hobby business. I make a few hundred bucks a month, but my husband is the only real earner, and I used his "household" income on the credit aps (most I've had for 5+ years)

    Question #1 We have a $225,000 mortgage, current, never more than 1 day late. We've had this mortgage for about a year also. The intrest rate is 6.8. I'd like to do a stream line refi on it, and get the rate down a bit, we get letters about doing this all the time, some say as low as 4%? I should do this ASAP, before BK right? I would like to do this because even if we discharge our debt, with our current mortgage money would be pretty tight.

    Question #2 We have one car, title in hand...it's worth about 6 grand I guess.
    It should be in husbands name only. I don't even have a DL! Would it be considered ours because it's our family car?

    Question #3 We have some nice items in our household, but nothing to fancy. IE, a nice tv ( a year old), a decent computer( 6 months old) Some decent furniture, but it shows signs of wear. How do I value things? and if I file only does that effect what I have to list as assets, because they also belong to my husband/family? Would things that are MINE, like clothes and such only be counted We also have an ATV, and an old tractor which we need for our country land, we purchased both of these items used from a friend, these are also my DH's...not mine. If we even have titles for these, they shouldn't have my name on them.

    Mostly I'm worried about losing our car, (we love that car and we can't afford a new car payment even it debt is discharged), and the atv (we live in the country down a long dirt lane and need to have it for certain things)

    We meet means test for our area, so I'd like to file 7.

    Thanks for any input you guys have, I've read quite a bit but this is my first post.

    Kat

  • #2
    no one? I'm really losing sleep over this. I have read a bit here and there but get no real answers for my exact sitsuation. My DH is scared to file and I want to be able to help him to understand the process so we can move forward with a decision.
    Thanks.

    Comment


    • #3
      Similar questions have been answered over and over.

      Yes, you are allowed to file individually without your husband.
      Any sort of refi needs to be done prior to filing.
      You list only your property. If you are not on the title of the car or the atv, it's not yours.
      Nobody wants old consumer goods. VAlue it at basically garage sale prices.

      Big thing here is life post bk. If, you intend to file stop paying all debt you wish to discharge and see if you can make ends meet without access to credit. Be absolutely sure you can afford that mortgage post bk.

      Your husbands income will be used for means testing purposes but, the martial adjustment kicks in and he's allowed to deduct his contributions to hh expenses {sounds like he pays for nearly everything-so no big deal} and debts he is responsible for paying.
      I'd suggest you see if you can refi that mortgage ASAP. If you can't,your obligation to pay will be discharged but, your husband will be on the hook post bk.
      Most bk lawyers give free or lowcost initial consultations. Speak with a few and see what they say.

      Comment


      • #4
        Thanks for the reply. I know I probably posted this in the wrong cat.

        We meet the means test no problem, we are a family of 5. DH makes about $52000. I just started my home based and make a few hundred here and there. Hopefully that will grow, but you never know.

        Our current mortgage with taxes and insurance is $2000. The insurance will go down now that we are homesteaded, and property values fell a bit so that's a savings of $100 a month after the new tax rate. The new refi (if I can get close to what they are quoting) would save us $200-300 a month. Supposedly the streamline refi will not need a credit check to complete.

        Also considering the Obama plan, which could get us even lower...but not sure about that one.

        So, anyway if I didn't have to pay the current credit bills AND got the refi we should be fine. I do all my shopping at Wal-Mart, and we eat at home 5-6 nights a week. I can budget most of this and keep it low enough.
        Our other household bills are around $700, which I am also working on lowering, but realistically it won't budge much.

        Also I'm thinking if we didn't have my high limit credit cards then we couldn't make stupid purchases and run them back up. It would force us to grow up and use a budget, and save what we can. Something we should have been doing for the last 10 years.

        I'm VERY thankful that my DH's job is secure. I know we have it easy compared to some others. But, to me, this is very upsetting and stressful, it causes alot of tension in our household.

        Last year we came into this house with blinders on, just wanting to get out here in the country so bad we thought we could afford it. I wish I would have done a loan refi or loan mod months ago, when I first before the debt got so far gone.

        Oh well I suppose I've learned something.

        Anyway, thanks again for the reply.
        I hope I get a few others as I really am looking for reasurance I guess. Sorry to sound needy. lol.

        Kat

        Comment


        • #5
          what little I know

          Originally posted by KatCantPay View Post
          I'm not sure this is the right catagory for this post, but I have several questions.

          We are current on all debt, but can't/won't be for long. We have 40,000+ in CC debt! Some of it is from large purchases, but most is wal-mart/gas/clothes/dr bills debt.
          After all bills are paid each month we have about 350 bucks TOTAL.
          This is all we have for groceries/gas! So we use our credit cards...they're about full now and I'm quite upset.

          Most of the credit is in my name, my DH is an authroized user but they are my cards. He has one card from Rooms to Go, and the payment is only 60 bucks a month and no intrest. We bought bedroom furniture for our sons. It's a year old.

          I am a stay at home mom with a hobby business. I make a few hundred bucks a month, but my husband is the only real earner, and I used his "household" income on the credit aps (most I've had for 5+ years)

          Question #1 We have a $225,000 mortgage, current, never more than 1 day late. We've had this mortgage for about a year also. The intrest rate is 6.8. I'd like to do a stream line refi on it, and get the rate down a bit, we get letters about doing this all the time, some say as low as 4%? I should do this ASAP, before BK right? I would like to do this because even if we discharge our debt, with our current mortgage money would be pretty tight.

          Question #2 We have one car, title in hand...it's worth about 6 grand I guess.
          It should be in husbands name only. I don't even have a DL! Would it be considered ours because it's our family car?

          Question #3 We have some nice items in our household, but nothing to fancy. IE, a nice tv ( a year old), a decent computer( 6 months old) Some decent furniture, but it shows signs of wear. How do I value things? and if I file only does that effect what I have to list as assets, because they also belong to my husband/family? Would things that are MINE, like clothes and such only be counted We also have an ATV, and an old tractor which we need for our country land, we purchased both of these items used from a friend, these are also my DH's...not mine. If we even have titles for these, they shouldn't have my name on them.

          Mostly I'm worried about losing our car, (we love that car and we can't afford a new car payment even it debt is discharged), and the atv (we live in the country down a long dirt lane and need to have it for certain things)

          We meet means test for our area, so I'd like to file 7.

          Thanks for any input you guys have, I've read quite a bit but this is my first post.

          Kat
          What little I know. I'm in Fla with you and have met with 2 different atty's in order to plan for BK. They will see you for free for one visit.

          CC - 2 users - both will be responsible for the debt. They will come after both. If you go BK, then they will come after DH (what is DH?). They could wage garnish the DH, but the DH could claim head of household and get exemption.

          Comment

          Unconfigured Ad Widget

          Collapse
          Working...
          X