told can not file

[crane20001@yaho]

My husband and I went to see an attorney in March and told that we could not file bankruptcy becasue no one was garnising my wages yet. He is on SSD and they can not come after him, I make 25,000 a year there are 4 of us we live in Missouri we have a truck and car that is paid for (Husband, Daughter) a 2001 Tahoe that has 10,000 left on it and mortgage 55,000 and Medical bill and credit cards totaling up to 3,000. has anyone had a lawyer tell them because that there wages are not being garnish that they can not file bankruptcy. Also my husband SSD is 1500 a month I do not know if we count that has income or not for fileing for bankruptcy any assistant would be greatly appreciated.

Lisa

[Cali]

Did you talk to more than 1 attorney?

[crane20001@yaho]

not to file

no we only talk to one at the time when he said that we just assumed that we could not file.

[keepmine]

You really misunderstood what he was saying.
Your husbands SSI is exempt from garnishment and since no one has sued you, why file?
You need to fill us in on a few things. How much debt are you trying to discharge and, what is the value of the paid for autos and what is the equity in the Tahoe and your home? Are you current on your debts?

[Minnymouth]

Exactly, the attorney is telling your that there is no reason to file right now. No one is garnishing wages, etc. Also your amount of unsecured debt and credit card debt may be so small that filing would not even benefit you, might even hurt you. If your autos are paid in full except for the one, then you have a lot of equity that may not be exempt that the Trustee could seize. This may be what your attorney was talking about.

If all your payments are current and your not behind on payments then your attorney probably see's no reason to file at this time.

Contact another attorney and see what he says and keep us posted.