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Was going to file without hubby, but he changed his mind :)

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  • Was going to file without hubby, but he changed his mind :)

    Hi, all...

    I have posted a few times on here and you've all been so helpful.

    Here's my situation. Back in August 2006, I decided to file B/K (ch 7) but my husband refused to be a part of it. I haven't filed yet, but have given all of the information to my atty for MY b/k except for tax returns. He is fully paid, just waiting for me to get him the final info.

    Well, after a long talk with my husband due to severe financial hardships, we have decided it is best for him to go ahead and file with me. He has tried credit counseling but it doesn't seem to be working the way it should, and we cannot afford the payment anyway. I am thrilled that he has changed his mind although he is still not "excited" about the idea of "running out on his debts". I completely understand, but am glad he sees the benefit of a fresh start.

    My question is... has anyone else done this? Is it a huge problem to begin the process with only one spouse and add the second before filing? I'd hate to pay all of the fees twice, and I'd also like us to do this together so we can work out a new financial future together.

    What can we expect during the filing process? Will he need to take a credit counseling class (I've already done mine)? I've also noticed on other websites that at the meeting of the creditors you need to have a photo ID and Social Security card. I can't find my SS card and it seems like an act of congress to get one since I also don't know where my birth certificate is! Are there other options?

    How is the meeting of the creditors? Should we be afraid???

    Please let me know all you can about our situation. We live in Oklahoma, make 41,000/yr (before taxes/deductions) which is below median here and have over 35,000 in unsecured debt (2 cars with bank loans and 1 mortgage, along with a 20,000 student loan we will keep). We are a family of 3.

    Thanks so much for your valuable input in this stressful time.

    3/27/07: Chapter 7 Filed - Pre-filing true FICO (hers/his) 450/477
    5/10/07: 341 Meeting DONE! Trustee's Report of No Distribution Filed
    7/04/07: FICOs going up! Credit report cleanup (hers/his) 540/536
    7/10/07: DISCHARGED! 8/27/07: CLOSED!

  • #2
    I can't help you with converting an individual case to a joint case by adding a spouse, since I'm not sure if that's possible. But what I can let you know is this:

    Both filers in a joint case have to satisfy the credit counseling and debtor education requirements.

    In some districts, the trustee will accept a W-2 form or a paystub with your social security number on it in lieu of a social security card. You should talk to your attorney, or to the trustee if you're filing on your own, before the 341 about this.

    The meeting of creditors (a.k.a. 341 meeting) is pretty simple with canned questions unless your case is unusual (e.g. huge unsecured debt around $100k or more, conversion of case, assets).
    DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.


    • #3
      I would think if you haven't even filed yet thats all the better, just requires more paperwork on the lawyers part and I assume more money. But its better because you haven't filed THAT way any issues when the 341 meeting comes up can be cleared up than and there WHEREAS adding to the case IF you already filed requires extensions to the case and such and could just prolong things etc. Thats just my opinion.

      July 2006: Filed Ch13 :blink:
      Oct 2006: Converted to Ch7 :clapping:
      Jan 2007: DISCHARGED :clapping:
      Nov 2007: CLOSED :yahoo::yahoo::yahoo:


      • #4
        If you were born in the US its a fairly simple process to get a birth certificate. I recently had to get mine and was able to find all the contact info online by googling. It may cost $5-$10. You just need to contact the records dept for the state you were born in. I was able to recieve mine in about a week. If you still live close to the county you were born in all you have to do is go to the courthouse in the county where you were born and they can get it for you.

        The SS card on the other hand could take weeks to receive. Talk with your lawyer about it. It my district we can use a voters registration card as that has your ss# on it (at least here it does).
        chap 7 discharge 06/07


        • #5
          A Lady ahead of us at our 341 didn't have her SSN Card either. She had some Document from the IRS attesting to what her SSN was and the Trustee accepted that. The Trustee read the doc out loud to record the info on the black box, had his assistant make a copy of it, and handed it back to the Lady.

          I don't know what the Document was or how the Lady got it, but the Trustee was satisfied with the alternate proof.

          As your attny what might be a good substitute. You might be better off getting your SSN card replaced. And as Jal pointed out, that can take several weeks to accomplish.
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...


          • #6
            When we filed I couldn't find my SS card either. I went down to our local Social Security office. They gave me something like SinkingFast mentioned and put in the request for a new SS card. The card reached me well before the 341. Our lawyer mentioned that we could also just have the trustee refer to our income tax return for verification of my social security number had I not recieved it in time.

            jal1129 is correct about how easy it is to get your birth certificate. I live in the same state that I was born in and I just went down to the court house and they printed it up, placed a seal on it, and gave it to me while I waited. I had them print up my marriage certificate while I was there as I couldn't find that either.

            You probably should have your birth certificate and your Social Security card for your records anyway, so might as well get started on getting them replaced sooner rather than later.
            Last edited by JollyGG; 03-05-2007, 10:32 AM.
            Filed: 10/26/2006
            Discharged: 03/05/2007
            Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund


            • #7
              I'm glad your husband came around so you can get a true fresh start.

              I also can't find my SS card. I just went to our SS office last week to apply for a new one. I didn't need a birth certificate. All I needed to show them was my photo driver's license. Do you have one? They had a sign posted with other things you could use to apply for a replacement card. I didn't read all of them, but I did note that a passport was on there as well. I think they really wanted a form of ID with a photo on it.

              They told me to expect my new card to arrive at my home within 7-10 days.

              Hope that info helps. It took less than 5 minutes once I was called to the window.



              • #8
                I used a W-2 for proof and that was accepted here.
                Filed CH7 - 10/13/05;
                341 Meetings: 11/28/05, 3/20/06, 12/4/07 (3d time's a charm!)
                Converted: 2/15/06 (to CH13), 10/15/07 (Back to CH7)
                DISCHARGED: 2/15/08


                • #9
                  Thanks so much everyone!!! I went to the SS office today and they ordered one for me with just my drivers license, no problem at all. I live in a different state than I was born in, so I will have to call them for my birth certificate, which I found online to be almost $40!!! Vitalchek? I think. Can't afford that right now, but am so glad to have the SS card on the way! Thanks for your encouragement!!!
                  3/27/07: Chapter 7 Filed - Pre-filing true FICO (hers/his) 450/477
                  5/10/07: 341 Meeting DONE! Trustee's Report of No Distribution Filed
                  7/04/07: FICOs going up! Credit report cleanup (hers/his) 540/536
                  7/10/07: DISCHARGED! 8/27/07: CLOSED!


                  • #10
                    Vitalchek is a service and you are paying an extra fee for their service. I learned this from doing my genealogy.

                    Contact the state directly, it should be cheaper. Here in Texas, Birth Certificates are issued by the Dept of Human Services.
                    I used to have a life, now I have grandkids.


                    • #11
                      A quick Google search found this from the CDC: Where to write for vital records (includes birth certificates):

                      DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.


                      • #12
                        Just call the Register of Deeds at any court house in the state you were born in they can tell you what you need to send, or where to get appropriate request forms.
                        It shouldn't cost you $40. Often services you find on the internet are charging you to basically pass your request on to the right office in your birth state. Why pay extra to do what could take you 5 minutes. In my state it costs $10 to get your birth certificate.
                        Last edited by JollyGG; 03-06-2007, 08:43 AM.
                        Filed: 10/26/2006
                        Discharged: 03/05/2007
                        Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund


                        • #13
                          Found this site


                          It tells who to write for vital records in each state.

                          I clicked on a number of states just checking and I didn't see any state that charged more than $15 for a birth certificate.

                          Oppps sorry. I didn't see that someone else had already pasted the link. I apologize for the repeat.
                          Last edited by JollyGG; 03-06-2007, 08:51 AM.
                          Filed: 10/26/2006
                          Discharged: 03/05/2007
                          Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund


                          • #14
                            Thanks! I found my state and of course it's $15 (the most apparently) but way cheaper than what I thought I was going to have to pay!
                            3/27/07: Chapter 7 Filed - Pre-filing true FICO (hers/his) 450/477
                            5/10/07: 341 Meeting DONE! Trustee's Report of No Distribution Filed
                            7/04/07: FICOs going up! Credit report cleanup (hers/his) 540/536
                            7/10/07: DISCHARGED! 8/27/07: CLOSED!


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