Can I Keep My House?

[Spartan]

I just talked to a friend of mine with a somewhat similar situation.

Her advice is to get on Social Security Disability ASAP. They will work out something to save your house and take care of your medical bills by getting you on Medicaid/Medicare.

You can approach the Social Security Benefit directly, http://www.socialsecurity.gov/disability/ or contact an attorney that deal with Social Security Benefit issues.

If you have served in the military in the past, the VA will help you with your situation.


Another venue you should explore, is look contact the Attorney General's Office of your state. They have a special department that will help citizen with disabilities.


The friend of mine got her house saved, and all medical need taken care of. She is being helped both by the VA and the Social Security Disability. They even help her fixed her place up.


So, before you go filing BK on your own, you may want to check out these sources. Good luck. I think things will work out very well for you.

[flower]

The way I read the above info for Indiana under (1), it states "real estate....$15,000. The exemption under this subdivision is 'individually' available to 'joint debtors' concerning property held to them as tenants by the entireties." Do they mean 'joint debt' that we share together or the 'joint debt' of the house?

He is in debt too, so if we cannot file jointly for bankruptcy, how soon after I complete my bankruptcy must he wait before he files for his?. He really doesn't want to, but I know that he needs to.

Thanks to all of you. This is wonderful free service that you provide.

[flower]

Thanks Spartan. Disability is easy to get for some, depending on what the disability is. I have a condition that requires an attorney and lots of litigation that could take two to three years, and if I work at all they can hold that against me. But if I don't won't I have no money to cover medical expenses, etc. Believe me I've checked this out on numerous message boards that deal with my disability. It is a catch 22. As they want a lot of verification from doctors, and they want me to be seeing my doctor quite often, but I'm not supposed to be working at all, even though when you apply they tell you that you are eligible if you make under a certain amount.

Even person I have talked to with my condition tells me not to work. One lady was able to get it while working 18 hours a week. She thinks that the fact that she was over 50 helped. And I am now over 50. I'm not trying to be gloom and doom, just stating that facts. Probably, your friend had a disability that is easily accepted, and they probably didn't work.

Thanks so much for your encouragement. I've heard so many horror stories about people in my condition, who were turned down. Very scary stories, so I'm trying to get well.

[SinkingFast]

Flower,............. My brother has Congestive Heart Failure. It took 3 attempts and several years before he got approved for SSDI. And CHF is one of the "easier" disabilities to prove. So I kinda know what you're up against there.

As to the Joint filing,............ Joint filings in BK are like filing Joint tax returns. That's for married couples. You and your SO can both file BK, but you cannot file a Joint BK.

[lrprn]

As to the Joint filing,............ Joint filings in BK are like filing Joint tax returns. That's for married couples. You and your SO can both file BK, but you cannot file a Joint BK.

Just as SF says, since there are no legal ties between the two of you, when you file has no relationship to when your significant other files (if he decides to do so). You could both file on the same day if that's best in your situation with the shared home ownership.

If you haven't done so yet, to find out what is the best approach in your situation, now is a great time to make 3-4 free half-hour to hour consultations with bk-specialty lawyers in your area to discuss your options. Your significant other can come with you since your finances are intertwined in the house (which I'm guessing is probably your most valuable asset and that you both do want to keep, right?).

[flower]

Thanks for all of the above info and support.

Can my SO and me each take the $15,000 exemption separately (equalling $30,000) regardless of whether we file at the same time or at different times?

Thanks again.

[bezoar]

Yes. My GF & I co-own our home. We filed a few weeks apart. We both listed a half-share of the equity, and we each got to apply the full exemption.

Of course, the downside was that we had to pay two filing fees and two attorneys fees (he wouldn't give me a volume discount, darn it.)

[flower]

Thanks Bezoar and all of you. This gives me info to work with. It has been a great help.

To get the value of my home exactly, can I rely on the Recorder's Office to supply some values of similar homes in my area that have sold? I tried one of those real estate online questionaires, and the values were from homes a few blocks away that are much more elaborate. Plus the values weren't current - 2003.

Thanks.