Are they going to tell me to get a job???

[hboyd4]

My story in a nut shell:

My boyfriend and I have two boys together. We are together, just not married. He goes to work full time while I stay at home with our boys. I couldn't make enough money to pay for the childcare for them and I want to stay at home with them anyways. Well we are both filing chap 7 soon. He claims them as dependents on his taxes so he will clain them on his bankruptcy. I will obviously only have myself on my case. So then it looks like I have all of this debt and I don't have a job. Will I be able to explain my situation? Is there a chance they are going to tell me to get a job? I know this doesn't seem like a big deal but I would like to be prepared if this comes up! Thanks everyone!

Heather

[HHM]

Slavery was outlawed years go , so no, they are not going to tell you to get a job.

As for your situation, it probably would be cleaner, and cheaper if you two were married and simply filed a joint BK. I am not saying to get married for the sake of filing BK, but if marriage is inevitable, do it now, and file a joint BK.

[GreenInkOnPaper]

If you stay at home with two boys (like I did) then you have a job!

[magyar123]

Since the poster is not working but has (I assume credit cards) obligations my advise would be to make her boyfrirend joint owner of those cards before he files. With this he then can list those credit cards in his filing. And she would not have to file at all.

[HHM]

Since the poster is not working but has (I assume credit cards) obligations my advise would be to make her boyfrirend joint owner of those cards before he files. With this he then can list those credit cards in his filing. And she would not have to file at all.

What makes you believe that? There is no co-debtor discharge in a chapter 7. If she puts his name on the credit cards, and only he files BK, she is still on the hook for her cards.

[magyar123]

What makes you believe that? There is no co-debtor discharge in a chapter 7. If she puts his name on the credit cards, and only he files BK, she is still on the hook for her cards.

OK, that makes sense - but then couldn't they just file jointly? Proof of "official marriage" is never required if a man & woman together want to file bankruptcy. There are lots of women who keep their maiden names forever no matter how often they get married.

[HHM]

OK, that makes sense - but then couldn't they just file jointly? Proof of "official marriage" is never required if a man & woman together want to file bankruptcy. There are lots of women who keep their maiden names forever no matter how often they get married.

There generally needs to be some sort of legal relationship between the joint debtors (beyond simply being joint holders of accounts) to file a joint BK.

[AngelinaCat]

We are an asset CH7.

I am unemployed except for a small PT job. I draw unemployment because I lost my FT job a year ago. We have to pay $450.00 a month to the Trustee to buy our stuff back. In our paperwork is the notation: "funding of this payback plan is contingent of Ms. Cat to find employment." Or some such verbiage.

Fat chance of finding FT in this economy at my age, 56, and in the small town we live, where some 1000 jobs in various situations have been lost.

[hboyd4]

If you stay at home with two boys (like I did) then you have a job!

I most definetly believe I have a job, one of thee most difficult at that, but unfortunately most people don't agree that it is a "job"...

I have just heard if you try to apply for food stamps, they make you fill out some type of paperwork proving you are trying to get a job or something along those lines. If they do that for food stamps then I feel like bk is a much bigger deal and they must ask some sort of questions as to why I don't work.

I just wonder if my reason as to why I don't work is a good enough reason to a judge????

Thanks so much for all of your comments, I really appreciate it!

[Flowers]

I do not believe anyone in their right mind is going to tell a lady with 2 kids to get a job, as you are the main caretaker.

Even if called for jury duty, you would be excused.

good luck.

[keepmine]

There is no provision in the bk code calling for someone to be employed to get a Chapter 7 discharge.
Public assistance and bk are 2 different issues.

[journey]

GreenInkOnPaper.. i been on the message board for about 4 weeks and i have allways wonderd who is the person playing the guitar on your profile.

I enjoy reading your messages and everyones messages.


Filed Chapter 7 on 11/08/2008

341 Meeting on 12/08/2008

[relief13035]

Being a "Mom" is the most important job in the world. Cherish the opportunity to stay home with your boys and raise them.

[drowningNdebt]

Getting a job in this economy, TUFF! No joke I have been searching for over 4 weeks with very little luck. I highly doubt they would make you get a job.

[welovedis]

At our 341 yesterday, the trustee asked a woman why she was "only" working PT. She was flabbergasted, as were the rest of us in the room! Her response was that if she worked FT, her kids would be in child care, which would eat up the income she was make, working PT allows her to have family care for her kids at no charge.

Luckily for me, we got a different trustee, but that was interesting!