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Husband needs to file ch. 7 in PA

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    Husband needs to file ch. 7 in PA

    My husband lives about 80 miles from me. He moved in November to get a job under the table, so we can try to get out of debt. Well, it's not working out so good. Originally, the plan was for me to move down there in August. .
    Unfortunately, my husband was sick and unable to work for 2 weeks. Now, we are re-thinking our plan. No work, no pay. Wolpoff & Abramson were taking him to court. He did not make the hearing. He had called them, and told them he could not make it. He was told that a judgement would be against him, and that he would receive papers in the mail. And, that he had 30 days to appeal. Of course, they were nasty when he called.
    So, on paper, he owns nothing. He works under the table. He actually makes $300 to 400 a week. Sometimes, it has been even less. It depends on how many horses he has. He grooms race horses. He resides in a room on the track grounds.
    I am a disabled. I have not worked since 2004. I am on SS, and other disability from my former employment. I only make $1100/month. I guess my income will be irrelevant. He plans on claiming that we are separated.
    Our plan is for him to file Ch. 7. His debts are mainly credit cards and some medical bills.
    Everything is in my name. I rent. The only thing is that his name was put onto my checking account. I had that account for years, and just put his name on it, last summer. We are planning on taking it off ASAP. But, it is difficult as we both need to be there. It is hard for us to connect during banking hours. But, we do plan on taking it off. I drained out my account, for now. But, I do have Direct deposits, and some bills debited from my account.
    My husband was going to claim that he is unemployed. And, that he supports himself, by doing odd jobs for people. e.g. painting, cleaning. But, I wonder how his address(living on track grounds) may raise red flag? We don't know of any other address that he can use. His relatives live in another state.
    Also, I was planning on trying to do the BK without lawyer. Checking out paralegals, maybe. I have checked out the full-service sites. I have not made up my mind.
    Comments, suggestions??

    #2
    You should at least try to get every free consult with every attorney you can. Then using their suggestions you can start to put together a plan.

    Comment


      #3
      It may or may not make sense for your husband to file BK individually. We would need to know much more. However, he certainly can file individually, and if you are lucky enough to live in a "tenancy by the entireties" state (for example, Florida), there might be advantages to an individual bankruptcy.

      As for the checking account, if you and your husband can't hook up, why not open your own individual account at a different bank. Just have your direct deposits sent to your new account -- that's easy to do.

      As for filing on your own, you need to do much more research before you would be in a position to make that decision. However, I suspect that you would be better advised to get a lawyer.

      Comment


        #4
        PA is a tenancy by the entireties state. However, each TBE state handles things a little differently. Florida, for example, assumes husband-wife property is TBE. Don't know if that's the case in PA, which could make a difference in your pre-BK planning.

        Comment


          #5
          My husband was going to claim that he is unemployed. And, that he supports himself, by doing odd jobs for people. e.g. painting, cleaning. But, I wonder how his address(living on track grounds) may raise red flag? We don't know of any other address that he can use. His relatives live in another state.


          Don't lie about anything. Tell the truth. He grooms horses. He'll also need to furnish 1 or 2 years worth of tax returns.
          He needs to start with a lawyer. You 2 seem determined to sabatoage the filing before it ever really gets started.

          Comment


            #6
            If your husband works "under the table" and claims nothing on a tax return, this also can come back and haunt you in the future.
            He can file separately as as individual. But the checking account with both names on it will be involved in the BK...
            And DO NOT run down and take his name off of it..... nor empty the account out right before filing.
            If he lives separately, the Court is going to want to know how he makes a living, supports himself, and survives from day to day...... with NO INCOME......

            Getting paid "under the table" can result in TAX PROBLEMS, etc.

            If he files separate or you file together, best be honest about what you tell a Trustee - cause believe me - HE WILL FIND OUT........ Can cause your case to be dismissed and cause problems with the IRS..... for not filing self-employment taxes......

            Talk to at least 2-3 attorneys before you choose one, and this is a case where I would not file without an attorney...

            Keep us posted.
            Minny

            "It's amazing the paths that our feet sometimes follow in life".

            My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

            Comment


              #7
              A thought for you, along the lines of the point that Minny made and you yourself questioned.

              If your Hubby has no income on paper, and it would throw up red flags about his address, why don't you consider a joint filing, using your current address.

              Your SSI income is totally exemptable under the New Law. Can't be touched. Doesn't matter who's name what debt is in if you file joint. You rent, you don't own, so no worries about loosing a house. Only concern I see is a vehicle exemption. What do you own, what's it worth, and what's your exemption.

              Just a thought for you.
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

              Comment


                #8
                SinkingFast,
                Thats an option also.
                I was also concerned about the pending lawsuit her husband has at the time..... If they are suing him for wages he received or work he didn't DO.... then it could complicate the BK.
                Did you read that also...... comments please!!

                Minny
                Minny

                "It's amazing the paths that our feet sometimes follow in life".

                My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                Comment


                  #9
                  Thanks for all of your replies. I am going to talk to my husband and tell him not to use his address and claim that we are separated. I am going to convince him to consult lawyer. Yeah, it makes me nervous to lie about stuff like that.
                  As far as filing jointly, we cannot as I am embarrased to admit that I filed back in 2003. He did not file at that time because he had a civil suit pending from a car accident. The suit was dropped, a short time later. I wished that I would have waited for him. But, at the time, I was getting harrased at work. I know that it is illegal for them to call you, but they did. I had to tell the front receptionist not to put any calls through, unless it was family. I was so humiliated. I wanted to file fast because I couldn't handle the harrassment anymore. I even had Citifinancial coming to my house!! But, I already filed, and now my husband needs to. Creditors are calling my mother's house for him, and she really gets upset.
                  But, I will have him consult a few BK lawyers, and maybe could try to file without one. My brother(who died a few years ago), was an attorney, and stated that I could probably file without a lawyer. That it involved a lot of paperwork. He was a criminal lawyer, and said that he would never want to be involved with BK cases.
                  I don't think that they would consider my income for a chapter 7. It's only $1100 a month, anyways. I jsut hope he qualifies for a ch.7.
                  But, thanks for all replies.

                  Comment

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