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    New to the board and have questions�

    Hi everyone, after months of debate I’m leaning more toward filing for bankruptcy… this was not an easy choice because I hate to admit that I need help in getting out of this hole. I have many questions so I’m going to list them hoping to get some answers….

    CA is a community property state, I’m married and want to file individually, we do not want my husband to file, can this be done in CA?

    I have about 46,000 in debt all are in 3 credit cards… American Express (15,000), Citibank (18,000) and Discover (13,000) all these credit cards are under my name only, all are still under my maiden name actually. Most of this debt accumulated when I was single but some did accumulate after we got married… will my husband be liable for that CC debt since CA is a community property state?

    We have 2 cars that are paid off, a 1996 Mustang and a 2003 Xterra (paid 13,000), we recently changed the title on the Xterra to only have his name since the money came from his father. We are planning on disclosing this upfront but what are the chances that we may be able to keep this car?


    I had about $5000.00, that my grandfather left me, on my personal bank account, I have slowly withdrawn that money to pay back family to repay personal loans. I still have $2000.00 that I was planning on withdrawing to finish paying off those loans but I’m concerned that it will look as if I’m withdrawing it to hide the money. Should I be concerned?

    I have not been late on any of my credit card payments because of the $5000.00 and I’ve been moving my balances around to get better rates but even so I can only make the minimum payments and my interest are so high that 80% of my payment goes to interest, I’m concerned that this may be seen as I can make my payments and not look good to file?

    Also… I have a car accident settlement coming up soon… of course I will also disclose that and I actually don’t mind having to give that up but it would be nice to be able to keep it to pay my legal fees.

    My last question… What are typically the lawyer’s fees to file… We have been quoted from $600.00 to $1500 I’m wondering what the average is in Southern California, I don’t want to end up paying less and get bad service, I’ve had bad experiences with lawyers.

    If you are still there thanks for reading and I appreciate any input you may have on any of the questions

    edited because I can't spell LOL

    #2
    BR Court Most Corrupt in Country

    Go to http://www.usdoj.gov/ust/eo/sitemap.htm look for chapter 7 panel trustees in your area many do debtor work as well. Hire one of them and your a shoein.

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      #3
      Hi Bk in CA,

      I do not know the laws of CA, but dig around and you will find some good info on this site. There are some good people here who will hopefully help to answer your questions. Bankrupcy is a very stressful time, but it feels much better to switch to a cash lifestyle. Anyway welcome to our site!!!

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        #4
        If you are going to file bankruptcy, do not start withdrawing funds, transfering items, etc unless you plan on waiting at least 1 year before filing..... You don't want anything to "raise the red flag" for the Trustee to go looking deep into.....

        Before filing bankruptcy it is considered "fraud" to transer titles, withdraw high amounts of funds, and to pay family (insiders) or large amounts to one creditor......

        You can file yourself and it will not affect your spouse unless everything has both your names on it...... then the creditor will come back to him for the balance.....

        Check out the Tactfull Bankruptcy Manual (sticky) in this section of this forum.... (permanent information at the top) it has some guide lines to help you.....

        Feel free to ask all the questions you need, we will try to help...
        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.

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