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Need some solid info....

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    Need some solid info....

    It seems I have no other choice but to file bankruptcy. My wife is not working [physically not able] and it is taking all we can do to make ends meet [in fact they are not] and have not been for months on end.

    I need help with a couple of questions I have.

    1) Right now my expenses are over my income by roughly $400-500/month. I know that disposable income is looked at in determining 7 vs. 13. Therefore if most of my debts are eliminated and there appears to be disposable income afterwards, we may get forced into a CH 13. In my case I hold an active duty military slot [reserves], have been on full orders since OCT 04 and my current orders end in about 2 months with no guarantee of a job after that. How is it viewed when there may be no income at all in the very near future.?

    2) I have a personal loan that I pay back to my father. It is $290/month and I know that a correct determination cannot be made by my attorney/courts if this is not disclosed. I DO NOT want my father to know I had to file bankruptcy......no shame really....it is just very personal for the wife and I [never having done it before]. Can I tell my attorney that I have this debt and if so will he want confirmation of it from my Dad?

    3) Some of my debts are from a few years back w/ my ex [satans sister]. We spent $ on my cards and her name was not on them so when divorce time came I did not have much of a leg to stand on. Anyhow, I have been paying them at a tune of $437/mo. I want to include these in my case but do not want to include some newer debts from the last 12-14 month period. I prefer to reaffirm on a couple of things that I feel I should continue to pay on for very personal reasons. Had to buy some furniture last year and etc etc. So, can I seek CH 7 and discharge the bulk of my debts while reaffirming on 3-4?


    Sorry to be long winded but felt I shouldexplain as good as possible.

    Thanks in Advance for the help.....

    #2
    You need to talk to an attorney immediately. The money you are paying to your father will be an issue, the trustee can go after any money you have paid to family (Insider Payments). What I mean is I dont think you can have a payment to a family member in your budget. I would think you could definately explain your job situation in your bk One of the moderators on this forum would be much more helpful. Once again you definately need legal advise. Good luck

    P.S. Thanks for helping to protect our country!

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      #3
      We were told you have to include ALL of your debts whether you reaffirm or not. We did and reaffirmed our house and cars. And do NOT include your payment to your father. They dont look kindly on paying back debts to friends or family members because in their view it is shortchanging(no pun intended) your creditors. Our best advice is to consult an attorney asap. He can give you legal options. You need to know how to list your expenses and what exemptions are allowed in your state. Good luck and from me too...thanks for protecting us and being willing to risk your life for us....God Bless You!

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