chapter 7 help

[bkchaos]

I posted one thread already... but this is the breakdown of everything.

I want to file for chapter 7... I live with my ex girlfriend (do i count her income) and my 17 month old daughter. I make $47,000 before taxes, she makes about $36,000 before taxes.

I have around $15,000 in credit cards, collections and law suits.

I also have a truck where i am the co-signer and want to keep. owe $38,000 my ex is the main person on this loan.

Ialso have a credit card with her where i am the cosigner $5400.00 she would also like to keep this card.

i live in california.

1. SO do i count just my income as she now is just my roomate, or hers aswell?

2. since she is the main person on the truck loan i file for the truck, she keeps in her name and i make the payments?

[TEW]

Ok do you have joint checking accounts saving anything like that?
It’s going to be hard to say you are only room mates when you have your name all over each others finances.
You can keep your name on the loan for the truck and maintain responsibility for it if you reaffirm the loan. Sounds like you don’t want to stick her with that
The child are you paying formal support since you are ex’s or is the child from another relationship.
Maybe another poster will say differently but I think you are going to have a hard time not counted XGF’s income.
If you were just room mates she pays her bills you pay you’re bills and you keep all of the rest. In that case you would split the expenses (rent 1500.00 you pay 750.00)
See where I’m going here?

[bkchaos]

We do not have any joint checking acounts. Her name is only on the truck, one credit card, and rent contract.

Since we live together i do not pay child support... i just pay for what is needed weekly.

If i do end up counting her income does this screw me on filing chapter 7?

by the way thanks for all your info.

[JRScott]

It is hard to tell you whether or not you'd be a Chapter 7.

We'd need far more information.

I'm concerned you'd want to keep responsibility for unsecured debt through a bankruptcy.

It is possible you have enough expenditures/secured debt that you could qualify for a chapter 7.

The Credit Card debt of only 15k is not the problem here as I see it, it's the truck. Without combine income in the future, the truck is unreasonably high, especially in a state like California where housing is already a large expense.

My advice get rid of the truck and buy something that is 4-5 years old that is more affordable. You could then probably work out your situation without a bankruptcy.

My concern is that since her name is on the truck and the one card is that the trustee is going to probably expect her to contribute some if not all the payment towards them from her income and thus might object if you try to use the full expense on yours. Also if on the schedules you have as little as 167 dollars left before the credit card you want to reaffirm they can throw you into a Chapter 13.