When you file for a chapter 7, If a debt has both spouses names on it, can just one of them file and discharge it?
If it's held jointly, both of you are responsible. If one person files, the other owes the debt. It doesn't just go away unless both of you file and it gets discharged.
Star: Excuse me for being a bit commercial here, but I get exactly the same thing done as a bankruptcy does except that the way I do it leaves no marks on your credit report that stay with you for 10 years with little or no possibility of removal. When you file bankruptcy it costs you maybe 1200 or more. That's awfully expensive and it does make the creditors eat the debt. Forces them to forget about ever collecting a crying dime. That's exactly what my way does but also has an interesting side issue in that someone or another might end up abusing your rights and refuse to make atonement for having done that. In that case, you would be referred to a qualified and very competent attorney to come to your aid and cure your problem. Allright, all the bashers in here, let me have it on the nose. I'm a bad boy(LOL)
Fight them to the death..No way this late in the game would I ever file BK. I am 30...I couldn't imagine living poor anymore and waiting until I am 40...I have two kids that will be needing college...and my daughter (5mos old) sucks her thumb (braces if I don't put a stop to it).LOL!..NOOO WAY SHOULD YOU FILE IF YOU DON'T HAVE TO!
That's exactly the way I feel about it too, Kittw1. What can they do to you for fighting back hard? Oh yeah! I know, they will hang by the neck from the nearest lightpost down at the city waste disposal plant at high noon on February 31st. What have you got to lose by fighting?
Yes star as the others poster mentioned if these accounts are joint both are responsible. I don't mean to get to personal. But approximately how much debt are we talking about?? Is there anyway to supplement your income more and cut back on things a bit??? BK will hurt you for quite sometime. Also don't beleive everything you read in this thread either. If you wouldn't mind sharing we may be able to have a few suggestions.
As one man has posted before: DO WHATEVER IT TAKES TO STAY A FLOAT! Since there are 2 of you, you should be able to crawl back from the pit of despair! A BK on your record could prove to be detrimental!
Don't do it if you can. Get an unlisted number and a mailbox. If I had to do it all over again, I would not have filed! cariba
When I was tempted to declare bankruptcy several years ago, a piece of advice from my older brother kept coming back to me. He said, "No matter how bad things get, no matter what they do or say they're going to do, always remember, they can't eat you." Kinda puts it in perspective; at least it did for me. It's painful I know, but it can be surprising what you can live through. Choosing not to go BK is certainly no panacaea (can I have a ruling from the spelling/grammar judges on that last word, please? Better yet, let's just pretend it's right even if it isn't.) either, but it can be recovered from. And whatever method you choose to repair your credit later, in my experience, limited as it is, they (the bad guys) seem to put up less of a fight if they got at least some of their money (preferably most), even if it wasn't in the time frame they want (NOW, dammit!!!) and there are no official public records involved. Best of Luck and Success to You,
I dont have to file due to CC, My DH was in a car accident last sept(2000), we had a 3 week lapse in insurance, so , needless to say, he had the accident in that time. we were served by the insurance companys lawyer(the insurance comp for the man my husband hit paid him 14,000$ for his totaled truck. So I figured since I dont have even $100 right now let alone 14,000, if I filed a 7 then I would not have to worry about the lawsuit and possible garnishment of wages. Any opinions?
Sorry. A whole different story from what I was thinking. A random thought; If you have the luxury of enough time to drag this out a little bit, you may be able to coerce them into making procedural errors in how they attempt to collect. I've seen a number of threads on similar subjects (try searching on Service, judgement, etc, and see what you spot). I wish I could offer more concrete help, besides encouraging you to grab every last straw before you have to go where you have to go. BTW, DH = Dumb Husband? DearHeart? DeadHead? Best of Luck!
Star, I work for a well known insurance company and they will usually work with you as far as setting up payment arrangements. They understand that the average person doesn't have $14,000 lying around. They have already paid out on the claim so they just want to recoup their money. Have you spoken to the lawyer about possible arrangements?
Star, strange as it may seem, you need have no fear of judgments unless it is a landlord/tenant situation where no lawyer was involved. Those are just about air tight most of the time. The rest are usually full of holes and you can get them overturned quite easily. I've helped a bunch of people get their judgments overturned. Not tough at all.
