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I think I just made a BIG mistake???

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    I think I just made a BIG mistake???

    After reading this forum for months I thought I had just about figured out what to do before filing for BK but now I think I messed it all up.

    I had a judgment filed against me last month by Chase & I'm expecting to get a few more coming up from Discover & another Chase account (among others). All of our bank accounts have my husbands name & mine on them - so we emptied all of the accounts & he moved his paycheck deposits to another bank in just his name. He closed the account for the mortgage that had my name on it & opened one in just his name to pay the house payment. My only income is unemployment that I had switched to a debit card last month so the judgment couldn't get at it. We need all of my unemployment to pay our COBRA insurance & what little is left is for food.

    Was I wrong in thinking that it didn't matter if I had a judgment against me if eventually I'm filing BK anyway?? I can't pay any of my CC bills & have stopped paying on all but one because my savings is completely gone & I have nothing left to pay them anymore.

    Was I wrong to have all the accounts that I'm joint on with my husband down to a -0- balance and to stop using those accounts as of last month for paying all the joint bills we have (house payment/power bill/car insurance/joint loans)?? All of these bills are now being paid through a different bank that my husband has an account in his name only.

    I'm not trying to hide anything - I just don't want the judgment to take money I can't pay them by attaching or freezing our joint accounts. I didn't close the accounts - just emptied them & now have unemployment on the debit card.

    Would any of this delay when I can file for BK?? Now that I have a judgment should I get a lawyer & try to file ASAP.

    Just when I thought I had most of this BK stuff figured out - now I'm thinking if I file they're going to think I'm trying to hide something. I'm just trying to make sure they don't go after my husbands wages for my judgment.

    #2
    It sounds like you didn't make any transfers to your husband. You just depleted your joint accounts through regular spending and your husband opened a new account to deposit his income in. Right? MI is not a community property state, right? Your husband decided not to let your creditors get at his money. I don't think you will have any problems.

    It doesn't sound like you have any assets a creditor can get at. So, it doesn't sound like there is a hurry to file. But, if you plan on filing, it can't hurt to find an retain an attorney and start getting things ready.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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      #3
      Nothing wrong with hiding accounts from creditors, for that is how the game is played. When you file for bk, I'm sure that you will list them then.

      Don't sweat it..... you don't have to make the collectors jobs easy.
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

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        #4
        Your cooking with Crisco here. You are fine. Your husband has no obligation to pay a judgment against you. No matter what the scum on the other end of the debt collection phone call tells. As long as you don't live in a community property state or plan to move to one... too bad for the collectors.

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          #5
          No - I didn't transfer anything to my husband. We spent down the accounts until they were -0- and he just opened his new account at the other bank. We didn't close the accounts & will keep $5.00 in them to keep them open (it's a credit union).

          I'm just concerned about what the judgment means to me now?? Should I worry about anything -I have no assets in my name - no cars - nothing. House is in both of our names. I don't have anything they can go after except unemployment but I don't think they're allowed to do that.

          I'm just not sure if I should just wait to file BK or go ahead & do it now to get it out of the way. I worry what will happen when I do find a job if I wait to file and then end up with garnishments from all the judgments. That won't look good.

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