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Filing BK without my spouse!

Date: Wed, 05/07/2008 - 15:36

Submitted by kjeanangel
on Wed, 05/07/2008 - 15:36

Posts: 31 Credits: [Donate]

Total Replies: 11


I need to file BK without my spouse. I have been battling pdl's for months now, and all my credit card debts have gotten seriously behind, about $40,000 worth. I have managed to get 3 PIF's, but the legal pdl's, i still owe a couple thousand.I had to defer my student loan, $19,000, until August of this year because i could not pay. I have received several collection notices and getting some calls at home. We had considered filing jointly because we pass the income means test but thought it better for me to file alone, since all the assets are in his name only. At least one of us would have good credit. If i got my debts discharged, i would have more cash flow coming in to help pay off the other bills we have. The mortgage and 2nd mortgage which is about 125,000 are in both of our names though. We do live in a non-community property state which is good, but it still scares me a bit, because i think they can come after him to pay off my debts. I have tried debt consolidation but can't afford the monthy payments and I cant afford debt elimination, so it looks like BK will be the relief i need. Is anyone else had any experience similiar to this?


I would suggest you go for a consultation with an Attorney. The first visit is usually free. I recently consulted with a couple of Attorneys and found out it would cost me anywhere between $1200. & $1400. I think I would first try a consumer credit counselling service. Of course it's entirely up to you. Perhaps someone else will be along with some advice for you.


lrhall41

Submitted by Shazzers on Wed, 05/07/2008 - 20:32

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Thanks Shazzars,

I know this is going to cost me about what you say. The firm I am going with is called Legal Helpers. They will spread out your payments however you like. With a $100.00 retainer fee, I understand they will get the process started. My daughter used them and she recommended them. They do nothing but bankruptcies and seem very knowledgeable with it. I was hoping to get some feedback on someone who has been through it recently.


lrhall41

Submitted by kjeanangel on Thu, 05/08/2008 - 04:06

( Posts: 31 | Credits: )


I just filed BK without my spouse due to a separation and many PDL's, he wouldn't provide me with his paystubs so I could file and they could run the "means test" so I got an apartment and moved out, our debt was a nightmare and not solely caused by my PDL's none the less, I filed alone although we are still married the bank where we have our mortgage and the bank with our car loans have never contacted me or him to "re-affirm" the loans although he continues to be late on EVERYTHING, so my suggestion is that if you can count on the dear hubby to make the pmts on time for anything jointly owned it could only help your credit score and according to my BK attorney as long as the pmts are on time for any secured property and you file CH 7 the banks wont do a thing because the last thing they want to do is foreclose on your house or repo your cars,,, I am in Illinois so not really sure if that applies where you are,, I just wish you the best, I have been there and I am soo glad there are no more phone calls,,,,for me!


lrhall41

Submitted by anonymous on Tue, 05/13/2008 - 21:52

( Posts: 202330 | Credits: )


Beware - I retained legal helpers for my BK, and the best thing I did was fire him. The lawyer in my area didn't know anything.

He had a client in court the same day as me for the creditor's meeting. His clients case got thrown out because it was a couple that had filed jointly. But they were not married! Any lawyer should've known that you have to be married to file jointly!


lrhall41

Submitted by goudah2424 on Wed, 05/14/2008 - 10:42

( Posts: 7935 | Credits: )


Thanks Cindyinillinois and Goudah!

Thanks so much for giving me your advice. I still haven't consulted anyone yet. My spouse has a friend who is a lawyer and specializes in finance and bankruptcy. We have been talking about meeting with him, so hopefully it will be soon.

Goudah, I am in Michigan and I thought Legal Helpers was a reputable firm. They don't have any complaints with the BBB recently and bankrupties are all they do and specialize in, so I was surprised to read your post about the lawyer you hired through them. I will be cautious and I have this board for any kind of info i need, so I am confident in knowing at least this.

CindyinIllinois, did you have to show proof that you and your spouse were legally separated? Also, if both of your names were on the mortgage and you filed, doesn't your name come off of it? Isn't the loan solely his? I think that you or your spouse have to contact the bank to re-affirm your debt with them on the house and the car? Thanks for your input. Let me know how it's going for you.


lrhall41

Submitted by kjeanangel on Mon, 05/19/2008 - 06:40

( Posts: 31 | Credits: )


Not all bk attorneys are equal. Some see only the fee that they can collect. I decided to hire a local attorney who has been practicins here for 25+ years, and was reccomended by several people I know. They probably have a provision in their contract that they cannot guarantee results.
They also come across as a cookie cutter law firm that opens a bunch of offices, and will probably hire anyone who meets the legal qualifications. Over 25 offices nationwide to me is not a good thing.


lrhall41

Submitted by southernapostolic on Sun, 08/16/2009 - 10:04

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