top Ad Widget

**epiphany** · 03-22-2008, 10:11 PM

Originally posted by debtinve View Post

Please reply ASAP!! I need declare Bankruptcy!!

--------------------------------------------------------------------------------

I just found this site a week ago and wished that I had found it a long time ago. I am about $40k in debt, 1 personal loan from HFC and the rest are credit card debt. HFC has sent me a letter thru their attorney that they are suing me and I should response in about 20 days. The rest of my credit card debt are in collection and it is past due. I have been harassed at work and home and I try to avoid them, I know I cannot hide anymore. A friend advised me to file for Bankruptcy but I did not know much about Bankruptcy and have heard horror stories but after finding this website, I finally had the nerve to call an attorney and spoke to him over the phone and my 1st meeting will be on Tuesday. I was actually ready to file Chapter 13 as I have a house and the house is listed in both my name and my husbands and he has never been late on the mortgage payment or our car payment and he has very good credit. due to circumstances I am not able to tell my husband about my debt and wish to file alone and do not want to ruin his credit. I made about 42k in 2007 and live in Nevada. The attorney I spoke to said that I will be eligible to file for Chapter 7 and to continue making the house payment and never ever default.

Let me know if anyone has done this and will I have any problems doing the Chapter 7 and keep the house like the Attorney says. I will be filing as soon as I see the Attorney I have gone thru hell and back and I not going to ruin my life because of this costly mistake that I made.

I am so happy that I finally decided but please please let me know if they will be any problems that will arise to keep my house. As my husband pays the mortgage from our joint account there is not way he will default on the payment. The house and the Bofa checking account is the only thing we have together. Thank you so much in advance for reading my long message and please let me know what are the questions I should ask the attorney. Thank you

Hi Debt and welcome. First of all, calm down. Take some deep breaths. Your decision to file may very well be the hardest thing that occurs in your BK. So you are already past one hurdle.

I have never owned a home and am sure that some of the more knowledgable members of this forum will be able to give you some information about that.

When collection agencies call you at work, tell them that you can never, ever, be contacted there. This is usually effective (has been for me 100 percent of the time, even with original creditors) and they stop calling you there immediately. If this is not effective, you can send a cease and desist letter. (you can search for more information for this on this forum).

You may not be able to exclude your spouse from the BK. Is Nevada a community property state?

Write down all the questions you have for your meeting with the attorney and make sure to ask every single one of them. If you do not understand an answer, keep asking it until you do.

Also, do some searches on this forum for the questions you have because many of them will have already been answered. In searching this forum you will also discover that you have other questions for your attorney that you didn't even know you had. Do your homework and ask all the questions you need to here.

Make sure you talk to the attorney about that lawsuit. Do not blow it off. You need to respond to that properly or the creditor can get a default judgement and possibly garnish your wages.

You will get through this. It gets easier with the support of the good people here.

ep

**debtinve** · 03-23-2008, 04:39 AM

Please reply ASAP!! I need declare Bankruptcy!!

Thank you so much for your reply. I am sorry that I was freaking out in my earlier post but I still am. I know I can overcome that with eveyones advise.

The attorney I spoke to said that I can file individually and keep the property as it is exempt. It is 6 % fixed and have never been late on our mortgage payment since we bought the house. Nevada is listed as a community property state. I do not want to ruin my husbands credit as I know instead of going to the court for bankruptcy I might be going in for divorce.

**Flamingo** · 03-23-2008, 05:46 AM

The problem here is the house in both your names. Not sure above Nevada's laws, but in other states you would have a problem if you wanted to file by yourself. Your attorney will so advise you at your appointment. You made the best move in making one and being proactive as to your situation. Best of luck to you!

**millerc507** · 03-23-2008, 06:12 AM

My opinion. . . tell your husband. This is not really something you can keep from him when the court documents start showing up in the mail. It will be easier to get through if you go through if you are not trying to keep secrets. I am sure it will be better that he hear it from you rather than learning of it later. Good luck! Life has happened to all of us here.

**danaf** · 03-23-2008, 06:41 AM

How much does your husband make? You can still file solo but you still have to combine both his and your income for the means test ect. If you come up over the median, you may have to do a 13.

And I do agree - you need to tell your husband. This is not something you keep from your spouse.

**debtinve** · 03-23-2008, 07:11 AM

I made $42k and my husband about 50k in 2007..Thank you so much to everyone who has replied...it's comforting to know that there are so many people out there who take extra time to help others.

**qwertysue** · 03-23-2008, 07:47 AM

Taking that first step is always the hardest, so good for you to make that call to the attorney.

Do yourself a favor, don't stop with just one attorney meeting. Set up 2 or 3, keep notes on what each one says. Take some time and write down your questions, and write down how each one answers them.

As far as keeping this from your husband, that in itself may be more stressful and damaging than filing for bk. You'll always be on the defensive, trying to keep him from finding out...not just while you're in the process but for years beyond the discharge/close of the bk case. That's an awful lot of paranoia to deal with...and isn't really conducive to a healthy relationship. If you do decide to keep it from him, think through what will happen when he eventually finds out, because he will.

Good luck!

**brokeinAZ** · 03-23-2008, 07:51 AM

in regards to your husband. The best thing to do is look if the shoe was on the other foot. How would you feel? I bet your husbad will be more unstanding than you think. This whole process has broght me and my wife closer than ever. Remember the old saying "Two heads are better than one"
I wish you the best,

**rrockinggramma** · 03-23-2008, 07:58 AM

You already know what the stress is like. Can you imagine living in that stress FOREVER because you are so fearful that your husband would find out. Please tell him up front. Don't hide this from him. He knows about the debt, he knows about the calls.
Don't destroy your marriage over this. Let him know. It will report on his credit even though he isn't filing, because the mortgage company will lump the two of you together. Tell him!

top Ad Widget

Announcement

Please reply ASAP!! I need declare Bankruptcy!!

Please reply ASAP!! I need declare Bankruptcy!!

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

bottom Ad Widget