Newbie in Texas needing advice on Chapter 7

[texanboy76]

I'm really lost and nervous I won't get the Chapter 7 approval after I meet with the attorney this wednesday. I know this sounds bad but I'm trying to file without DW knowing about I had some problems with why this debt occurred which could cost me my marriage if you know what I mean

I've listed my scenario below and I'm curious if the BK is a public record where friends or family could find out? Also the only thing that my wife and I are joint on is a loan with my credit union and one of the cars. Everything else including the mortgage is under mine. I don't have any equity in my home as I was under a 3-1 arm and did a refi this year. Also I have an AMEX card since 2001 that is a charge card and the nice thing about this is that I've always made payments and NEVER been late or carried a balance. Will they still let me keep my card open? Can everyone look at the scenario below and weigh in with your thoughts?


The breakdown is this: STATE OF TEXAS

Gross Monthly Salary: $7100.00 (mine only)

Net of $4500.00 (my salary)
Mileage for car Net of $1200.00
Wifes Net Salary $2500.00

Total $8200.00

My net is after Health insurance,401 K and credit union loan, dependent care account

Mortgage is $2900.00 (my name only)
Daycare is $1240.00
Car Note (2) is $1500.00 (my wife and I $750 joint and $750 on my own)
Property Tax $1300.00 (we dont escrow) paid at end of year

credit card bill payments of $2000.00 + for myself (about 105K in unsecured debt)

wifes credit cards of about $800.00

When i did the means test it failed saying I had disposable income left????? How is that possible when I'm filing single and all of those payments I'm responsible for.

I'm really nervous and would like some of you that have been down this road to give advice or opinions.

thx,

texanboy

[pmed8]

Its real simple

You have to include her income in the means test even if she isn't filing.

By the way, I don't know what got you into your mess but I will be surprised if you can pull off filing without her finding out. The sheer volume of mail you will receive makes it very likely that she will come across mail involving your bankruptcy.

Sooner or later she is going to find out. I won't lecture you on the moral or ethical aspects of hiding something like this, but she will find out. The only variable is how long you can keep it under wraps.

pmed8

[texanboy76]

Its real simple

You have to include her income in the means test even if she isn't filing.

By the way, I don't know what got you into your mess but I will be surprised if you can pull off filing without her finding out. The sheer volume of mail you will receive makes it very likely that she will come across mail involving your bankruptcy.

Sooner or later she is going to find out. I won't lecture you on the moral or ethical aspects of hiding something like this, but she will find out. The only variable is how long you can keep it under wraps.

pmed8

I agree with you!! If I have another address to where credit cards and other stuff goes will that help with the mail or do they use the address on your drivers license. I'm going to tell her but not at the beginning.

[pmed8]

ok i have a stupid question.


Why not now and save all the headache?

[pa308]

I cant imagine that you would be able to use a po box on your bankruptcy petition. The form asks for street address of debtor.

Also let me tell you all the envelopes that come say bankruptcy court on them, official business. I hated that part, knowing that my mail man knew (Newman) I kept worrying that if the mm delivered to wrong address I'd be embarassed, I cant imagine how you would feel if you came home and saw one of those envelopes on your coffee table, after your wife went through the mail

[pmed8]

Not to mention the chance of a bill collector calling the house.


Anyways,

How big is your household? As in how many people.

[texanboy76]

ok i have a stupid question.


Why not now and save all the headache?

l know....you are right and maybe I will after I meet with Attorney and get some specifics. I'm more worried about my scenario with the debt and how it accrued then I am with telling her about the BK

[texanboy76]

Not to mention the chance of a bill collector calling the house.


Anyways,

How big is your household? As in how many people.

3 people in the household (wife, myself and daughter)

[texanboy76]

I cant imagine that you would be able to use a po box on your bankruptcy petition. The form asks for street address of debtor.

Also let me tell you all the envelopes that come say bankruptcy court on them, official business. I hated that part, knowing that my mail man knew (Newman) I kept worrying that if the mm delivered to wrong address I'd be embarassed, I cant imagine how you would feel if you came home and saw one of those envelopes on your coffee table, after your wife went through the mail

it's not a PO box it's a physical address. The question is do they need the residence address?

[fltoo]

You mentioned your debt was "sports" related in another thread. If it is due to gambling, search the forums here. They will tell you how people dealt with it. I can't think of the names, maybe someone else can tell you that have been here longer.

[texanboy76]

Yeah i found the thread for sports gambling. The question I have is by looking at my scenario above WILL they make me sell my house? If my wife and I (I'm the only one filing) used all of our money we would have about $400 to live on after everything was paid. Would my scenario allow for Chapter 7?

[fltoo]

Just found the name. Search the forum for the user Catchmeifyoucan.

Deals with gambling and both chapters. Don't know how helpful it will be.

[texanboy76]

Just found the name. Search the forum for the user Catchmeifyoucan.

Deals with gambling and both chapters. Don't know how helpful it will be.

I did a search and saw the article or post was deleted. I'm still nervous about my scenario and I'm nervous meeting with my attorney tomorrow. I've heard he is one of the best in Dallas for BK. If my debt goes away we can make it work so I hope and pray.

[Chrisi18]

If your wife and yourself have anything in both of your names that you are trying to discharge, they will come after your wife for the money if you get discharged of the debt.

[AngelinaCat]

We used our P. O. box. We also gave our physical address, but all the paperwork came to the box.

Also, the BK is public record and can be viewed at the courthouse by anyone who is interested. Some posters have also stated that their local newspapers publish that sort of information. Whether yours does or not is up to your local newspaper's policy.

Good luck.