can we file? which one 7 or 13?

[goingunder]

ok, i have been trying to learn about bankruptcy rules and such, but my situation dont exactly fit any that ive read. any insite would be appreciated. here goes....
my husband is a truck driver. he is working for family (hauling cars). i do his dispatching from home (i dispatch for his step dad too). it seems like everything we do to keep going just keeps digging us deeper in debt. fuel is killing us and this time of year is alot slower than we ever expected. my husband is paying the loan on the semi, to a family member. the loan is not in our name. also, we have a credit card for his fuel. he has to keep using it to get fuel on the road. we are getting way behind on it. almost to the point that he wont be able to run. then my computer quit, so i had to get another one on credit again. his truck broke down last month at we had to put the repairs on a credit card. we are officially behind on all our bills starting this month. to make it worse, this summer when things were looking better we had bought a new car. our total debt with our house and new car included is around 131,000. yikes! we are normal people , young with 4 kids. we have always made it thru, but its looking like we are finally to a point where we cant make it. i feel horrible to be in this position, very irresponsible, i know. but what should we do? my husband is planning to continue trucking. i dont know how that will work with him making payments to the truck, and using the credit card. stupid me , i keep hoping something will change and we wont have to file.

[SinkingFast]

Sounds like you have a mix of personal and business issues. That's probably the reason you aren't finding any clear answers similar to your particular situation.

This is predominantly a personal BK Forum, but there are people here with Business BK experience. Maybe we can help you some if you give us a bit more detail.

You do dispatching, basically, for 2 businesses. Your Hubby and your Dad. Or are they partners in one business together?? Is your position a paid position or is this a family thing that you do to help out?

Hubby's truck,........... Is that titled in your/Hubby's name(s) or whoever holds the note's name??

What State do you live in??

Lastly, I'd suggest you contact several BK attnys. Maybe 3-4. Schedule some Consults to go and talk with attnys. Get their opinions on your situation. Generally Consults are free and you can learn a lot.

[goingunder]

it really isnt business bk, because our name isnt tied to the business at all. its a family members business. his wife used to dispatch all 3 trucks, but due to health issues, it was too much for her to handle. so i started dispatching for my husband, and his stepdad. his stepdad pays me 10%, which ends up being around 200 dollars every week to week and a half. but my husband is using the truck and paying the bank payment to the family member. it isnt in our name. i had just read somewhere about preferential payments, and wondered if they would consider this one? i guess in a way it is because without the truck, he has no job. and we prefer he keep working. i just still hope something happens and we can scrap by without filing at all. thanks

[SinkingFast]

You could maybe address the payments for the truck as sort of "lease payments" made as a normal course of business??!!

Do you happen to have any type of written "contract" stating that Hubby will make payments for the rig??