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HELP...Im not sure what to do?

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    HELP...Im not sure what to do?

    Ok so here's our situation...

    My husband and I know we need to file but not sure which one and when.

    We currently have some debt we need to clear such as a repo'd SUV for approx 35,000.00, some general debt at about 5,000.00, and our home has had the foreclosure process started at about 420,000.00 (1st) and 60,000.00 (2nd)!

    Its been a rough year!

    We also could possibly have a lawsuit on my husband regarding a car accident that he was involved in for 15,000.00. The issue is the lawsuit/ judgement hasnt been filed for the accident and we are not sure if it will. The insurance co has offered a settlement to the "victim" but we are not sure if it has been accepted. The foreclosure is inevitable but they are still going through the process.

    The main question is, I guess, when should we file....after the lawsuit is filed ( if it is) or right now....and we have a couple assets we would like to keep such as our boat (financed) and his truck (financed). We already lost one vehicle!

    I started my own real estate co at the beginning of this year....not a good thing in CA!!!! It killed us!

    Someone help!!! Ive heard of 7,11 and 13...but have no idea and I need to spend as little money as poss due to the fact we are BROKE!

    Any advice would be helpful...

    #2
    Chances are the boat and truck are not assets. I dont think that civil judgments can be discharged.

    Comment


      #3
      You cannot pick and choose which type of BK you want..... it is based on your income vs expenses.

      Since you have given up a car, foreclosed on your home a simple Chapter 7 is probably the best in your case.

      You said you started a business...... is your personal finances tied into your business finances?

      You really need to contact a bankrutpcy attorney and have a free consultation with them and see exactly where you stand. This will tell you where the lawsuit fits in etc.

      The meeting with the attorney would ease your mind a whole lot and let you know the expense involved and what your up against.

      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

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