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Ohio file chapter 13 one spouse?

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    Ohio file chapter 13 one spouse?

    Long story short I am being sued by several creditors 2 have judgments,another is coming after me,I am a stay at home mom,hubby is not on the bills,rocky marriage,he will not help with these,it is my fault
    Anyway can I file chapter 13,if my only income is around 200.00 taking care of my father,my debt is around 30,000
    Will they force sale of home?
    How do you find a reasonable lawyer,with little money,thanks

    #2
    They will look at husband's income too to determine if you meet the means test. Many attorneys will work payments with you - you don't have to come up with all at once - we're on a payment plan for another couple months then the rest will be paid through the BK. Also, many attorneys will give you a free consulation. Talk to them about your specific circumsances, let them guide you. Good luck!

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      #3
      If marriage is rocky, you might want to deal with that issue first, not the BK. If you think it might be headed towards divorce, you want to get that done first before filing BK. In your case, you would easily be able to file CH 7 and have the debts totally erased unless there's a lot of marital property that will be split. Even if divorce is not imminent, CH 13 plans are for 3-5 years, taking all of your combined disposable income. Husband needs to be on board for that to work. You have to be able to fund a CH 13, and if husband won't help with the bills, I don't know how you are going to be able to do that unless your payment is under the $200 per month you make by yourself, and even then husband must agree to pay for all of the other household expenses. Since it's based on the combined family income, not just one spouse's, CH 13s need the entire family to be on board for them to ever work.

      If you have judgements against you, and only in your name, and make such low income, I don't see how they can collect on them, at least not from a wage garnishment since most states base the amount that can be garnished based on some factor times the minimum wage, and you make well below that. If your name is on the house or other assets, they could put a lein on your property, but the lein doesn't get paid unless you sell.

      The forclosure rate is so high here in Ohio (I live in OH too) I seriously doubt they would force the sale of your house unless you had a huge amount of real equity, meaning they could actually make some money off your house with a quick sale after paying off the lender, not the fake equity amounts the predatory lenders use that inflate the home's real worth on the market. And even then, some of that equity is protected with exemptions (I'm not sure since that wasn't an issue in our case, have little equity since we just bought a few years ago and house appraisal showed it was worth only $1500 more than we owed, so our attorney said not to even worry about it.)
      Filed CH 13 September 17, 2007
      Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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