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    Help for a newbie?

    Like most new folks to this forum, I've been reading and researching the idea of filing bankruptcy. I've learned quite a bit but I'd like some opinions if anyone is willing to help. I'm a little emotional about the whole thing right now, so I want to see if I'm thinking clearly. We have a family of 3.

    Current salary - $75,000/year
    Current Debt:
    CC - $58,000
    Student Loan - $10,000
    Mortgage - $160,000

    Assets:
    Vehicle 1 - $4,000
    Vehicle 2 - $3,000
    401K - $35,000

    So, I basically have no equity in my home. My cars are paid for. And I have a whole lot of CC debt. I've completed the means test online and it looks like I pass the test. If I understand this correctly, I should be able to file chapter 7. If that's the case, is it safe to assume I can keep the house and both cars? I believe the answer is yes, but like I said, I'm a little emotional and not thinking clearly.

    The only other assets we have are things like furniture, 1 TV, stove, fridge, clothes, etc.

    I'm going to spend the weekend trying to pick a few lawyers to go see. But I could really use someone to give me an opinion if they think I could file a chapter 7 and keep house and cars.

    #2
    I'm sure you can file
    but the cars maybe a little problem depending what your exemptions are for them. Are you keeping the house? leave the 401K alone it's exempt. the student loan is not dischargeable.
    looks like you jsut want to get rid of the CC debt?
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

    Comment


      #3
      Hi,

      What State are you in?
      May 2008 Hired 1st Attorney/Stopped paying CCs
      May 21, 2009 Retained 2nd Attorney
      May 28th - Filed for Ch 7 (FINALLY!)
      9/11/09 - DISCHARGED!!!!

      Comment


        #4
        yes, just the credit card debt. I'll see if I can find any info on the cars being exempt.

        Comment


          #5
          Originally posted by liz417 View Post
          hi,

          what state are you in?
          mo

          Comment


            #6
            Try this site: http://www.irs.gov/businesses/small/...104627,00.html

            And here: http://www.bankruptcyaction.com/moexemptions.htm

            Vehicle exemption is $3,000
            May 2008 Hired 1st Attorney/Stopped paying CCs
            May 21, 2009 Retained 2nd Attorney
            May 28th - Filed for Ch 7 (FINALLY!)
            9/11/09 - DISCHARGED!!!!

            Comment


              #7
              Thanks. Since I'm married, do I get two exemptions for $3,000 as long as we file jointly?

              Comment

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