Can someone help me please!!!!

[Dev]

I am from Oklahoma
I currently live in Texas (2 years)
We are moving back to Oklahoma at the end of this month (June)

I had a Chapter 7 discharged in 2001 (oklahoma). Can I file another Chapter 7? Which state do I file in, Oklahoma or Texas?

I lost my job in Jan 2008 (oklahoma) so we moved to Texas in May 2008. I started working as a substitute teacher and I also went back to school and finished my Associate Degree....yay me!!! I have about $12,000 in credit cards and medical bills. (these bills are in my name only)

I am going to file without a lawyer this time (I hope)...my husband will not be filing with me........so I have some questions.

We own our homes in Oklahoma and Texas. We are selling the house in Texas and moving back to Oklahoma. The house in Oklahama has my name on the deed but all loans and any money dealing with the house is in my husbands name. Do I have to list the house when I file?. My hubby says I didnt have to because he got the loan, I didnt.

He just paid off my 2006 Honda and will take his name off the title. I own nothing else but the clothes on my back and the furniture in the house. I have no money in the bank (we have seperate accounts). My hubby (bless him) pays all the bills until I find a job. Actually our name is not on anything together. We file seperate income tax returns, because of his business (self employed).

What is the first step I need to take to file?.....Counceling?...then what forms?

I hope I didnt confuse anyone...lol

Have A Blessed Day!!!

[newbie2]

My 2 cents (adjusted for inflation :-)

$12,000 is not a lot of debt in the grand scheme of things. I personally would find a way to pay down this debt rather than to file a second bankruptcy. Also, you have so many variables (homes in which you are on the deed, change of residences, etc) that I wouldn't even attempt this without an attorney.

BTW, you DO have to list all homes that you are on the deed for, regardless of who took out the loan. It is still considered an asset to you.

[Dev]

$12,000 is alot of money when you are unemployed and have no income comeing in what so ever.

about the house: If I list the house can they take the house? My name is not on the loan so what can they do?

I am currently looking for a job but this economy stinks right now....If I had a job I wouldnt even be on this forum.

so do I just continue like I am, not paying anything and just wait til I get a job or do I file bk. Like I said, my hubby wont help me and he's already paying 2 morgages and all the bills plus groceries, gas in cars, insurance....he's a good man and I dont blame him for not helping me shoot I got in debt on my own so its my responsibility.

My first bankruptcy was from a previous marriage and I was a stay at home mom at the time.

[debtinohio]

He should find a way to re-finance the debt for you. You are in this together, I don't tell my wife "hey - I'm not paying that, it's your problem". Like the others said, $12K is not a lot and should be able to be paid, go to CCCS or something. An attorney will cost about 20% of your current debt amount.

Anyway, if you do proceed with filing, you are not prepared to do this on your own and will need an attorney, especially filing as single with all those assets. You can't just transfer assets all around and then file like nothing happened.

[newbie2]

$12,000 is alot of money when you are unemployed and have no income comeing in what so ever.

about the house: If I list the house can they take the house? My name is not on the loan so what can they do?

I am currently looking for a job but this economy stinks right now....If I had a job I wouldnt even be on this forum.

so do I just continue like I am, not paying anything and just wait til I get a job or do I file bk. Like I said, my hubby wont help me and he's already paying 2 morgages and all the bills plus groceries, gas in cars, insurance....he's a good man and I dont blame him for not helping me shoot I got in debt on my own so its my responsibility.

My first bankruptcy was from a previous marriage and I was a stay at home mom at the time.

You're moving to another state, so perhaps wait and see if you find a job there. I would really hate to see you have another BK on your record if you can avoid it. If not, then consult an attorney in your new state. You really have a lot on your plate right now. You have no income to garnish, and say you don't have assets. Why rush to file?

[StartingOver08]

You own two homes, you are on the deed to both homes, right? Then, if you decide to file BK, you MUST list both homes. The deed to both of those homes is public record. The Trustee will find it even if you don't list it. Transferring your name off of the deed is considered fraud too. This is exactly the type of thing the Trustee looks for when they review a case. Then you will have a big problem - it is fraud to not disclose assets to the court.

Filing BK is listing all of your assets and ALL of the HOUSEHOLD INCOME. That means, even though your husband is not filing, he has to provide all of his income information too.

The fact that he is currently paying all of the debt for you with the exception of the credit card debt you incurred is a complication. What would you show for your schedules as expenses?

IMO you should not be filing BK at all because if you do you will risk your homes and other assets you have accumulated. As pointed out $12k is not that much and if you put together a budget and got a job, you would be able to pay it off in short order.

However, should you decide you still want to file, then you need an attorney to wolk you through this filing. Don't attempt this on your own.

[bluejeans]

you own two homes, you are on the deed to both homes, right? Then, if you decide to file bk, you must list both homes. The deed to both of those homes is public record. The trustee will find it even if you don't list it. Transferring your name off of the deed is considered fraud too. This is exactly the type of thing the trustee looks for when they review a case. Then you will have a big problem - it is fraud to not disclose assets to the court.

Filing bk is listing all of your assets and all of the household income. That means, even though your husband is not filing, he has to provide all of his income information too.

The fact that he is currently paying all of the debt for you with the exception of the credit card debt you incurred is a complication. What would you show for your schedules as expenses?

Imo you should not be filing bk at all because if you do you will risk your homes and other assets you have accumulated. As pointed out $12k is not that much and if you put together a budget and got a job, you would be able to pay it off in short order.

However, should you decide you still want to file, then you need an attorney to wolk you through this filing. Don't attempt this on your own.

+1

[Dev]

@ debtinohio.....you said.... "You can't just transfer assets all around and then file like nothing happened." ....I dont know what your saying but we are not transfering any assets...........the house in Texas is in the process of being sold so the only assets I have is the house in Oklahoma that has my name on the deed.....my hubby bought my 06 honda brand new and told me back then that when its paid off he will take his name off the title and its mine to do whatever I wanted with it. So we are not doing that because of the BK. Sorry if I misunderstood you and thanks for responding

@ newbie...yes I'm in the process of looking for a job in Oklahoma, I have lived there all of my life and was only gone for 2 years. I'm sure I can find something.

@ StartingOver08....like I said to debtinohio, we are not transfering any assest so I'm not worried about any frauds. Will it help if I told you I was a christian...lmbo!!! for real tho, I would'nt dream of doing anything like that.

I appreciate everyones input on this. I will let it go til I get back to Oklahoma in a couple of weeks. In the mean time I am putting in applications on the net. I didnt really "want" to file BK, I just thought it might be the best thing to do.

Thanks again, Be Blessed!!!!