What happens w/ Judgements? Scared

Discussion in 'Credit Talk' started by Poochie, Nov 29, 2003.

  1. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: What happens w/ Judgements? Scared

    Thanks for the vote of confidence.

    Poochie:

    I suspect you have been given some bad legal advice concerning the Bankruptcy. The means-testing of Chapter 7 has not yet been signed into law, so household income for a CH7 is not an issue (yet). The attorney who told you otherwise may be thinking the new bankruptcy law, not the one in effect now.

    Also, I suggest you read several of my prior posts, as they will give you a LOT of information and answers to questions you have already raised. Neither GA nor AL are Community Property States, so your debts do not become hubby's - and even if you were in a Community Property State, the debts pre-date the marriage and therefore are not Community Property anyway.

    Anyway - read these posts several times - until they sink in:

    Preventing Repossessions:

    http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=391206#post391206

    Making Yourself Judgement proof:

    http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=391203#post391203

    Turning a Suit into a Settlement:

    http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=391153#post391153

    Understand the Collection Process

    http://consumers.creditnet.com/stra...ead.php?s=&threadid=49085&highlight=Flyingifr

    Understand the Coillection Agency part 1:

    http://consumers.creditnet.com/stra...ead.php?s=&threadid=50081&highlight=Flyingifr

    Understand the Colection Agency part 2:

    http://consumers.creditnet.com/stra...ead.php?s=&threadid=50083&highlight=Flyingifr

    I spent many years as a Collector, Collection manager, Credit Couselor, manager of a CCCS office and now I am a bill collector's worst nightmare.
     
  2. Flyingifr

    Flyingifr Well-Known Member

  3. Poochie

    Poochie Well-Known Member

    Re: Re: What happens w/ Judgements? Scared

    Flyingifr,

    YOU ROCK!!! I have already read several of your posts and will go back through and re-read those and several other of the seminal Cnet posts on the topics. Once we get this move over with I will revisit the topic of BK 7. I'd really like to get this chapter closed so I can rebuild.

    Again, THANK YOU to everyone here.

    Poochie
     
  4. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: Re: What happens w/ Judgements? Scared

    I suggest that you reconsider the BK before you move.

    1: The re-write and means testing of BK7 will probably become law shortly. The abortion clininc bombing portion of the bill (which was the problem it couldn't get through Congress) has been removed. It is likely to be passed this session.

    2: If you move to a different District (a move across State Lines is certainly a new district) you must live in that district for 3 months before you can file BK there.

    3: The Georgia exemptions are more generous than the Alabama exemptions. Although..... if you are judgement proof, that means little.
     
  5. Poochie

    Poochie Well-Known Member

    Re: Re: Re: What happens w/ Judgements? Scared

    Can I file in GA if I'm about to move to AL? Also, how can I be sure that it won't somehow screw up my husband's credit? He's got a mortgage app out there and preapproved, but we're not closing until the middle of January. Does the current session adjourn in the middle of December?
     
  6. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: Re: Re: What happens w/ Judgements? Scared

    If you are filing, it shouldn't affect hubby's credit - just yours.

    Yes, you can file in GA then move to AL but you may have to come back to GA for the 341 hearing, or have your case transferred to AL. When is the move?
     
  7. Poochie

    Poochie Well-Known Member

    Re: Re: Re: Re: Re: What happens w/ Judgements? Scared

    We are scheduled to close on January 16th in Alabama. I can make the trip back to GA for the 341 without difficulty. I guess I need to hit the yellow pages again and talk to some more BK attorneys - the last group I spoke with billed themselves as the largest filer of BK in GA - something of a puppy mill! I am just super extra paranoid about keeping hubby's credit clear - all of this mess now is the result of sacrificing my credit to keep his (as breadwinner) clean, and I would keel over if my BK somehow migrated to him.
     
  8. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: Re: Re: Re: Re: What happens w/ Judgements? Scared

    If you've alreday got a closing date then your credit problems did not affect his ability to purchase the house.
     
  9. Deadwrong

    Deadwrong Active Member

    **Steps on soapbox**

    It's story's like this that bring home the one thing we all must keep in mind. No matter how much money you are making live below your means because if/when the bubble breaks you'll have something to fall back on, instead of a mound of debt to fall on you. When will people learn?

    **hops off**
     
  10. Poochie

    Poochie Well-Known Member

    Whoever you are, get the hell off my post. You don't know me, you don't know what I've done to try to overcome financial adversity, you don't know what my resources were and how long we were able to survive on those resources (try 14 months on what we'd tucked away for a rainy day- when people like you preach having 3 to "fall back on" -14 months of staying afloat unexpectedly on one income thanks to living below our means -can you top that, you freak?) and you are another one of those boring, self-rightous nutcases that finds some semblance of a life in attacking people you'd never dare look in the eyes in real life.
     
  11. Poochie

    Poochie Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: What happens w/ Judgements? Scared

    Yes but I'm worried that they'll check his credit again before we close. 6 weeks is a LONG time to wait - we've got a contract on our house and I sure don't want to end up homeless if our loan gets messed up.

    Thanks again for all your help! I don't know what motivates you to invest so much in this board but I am truly grateful!
     
  12. GEORGE

    GEORGE Well-Known Member

    ONE OF YOUR FRIENDS MUST BE THE ONE WHO SAID--I DON'T HAVE A RIGHT TO BE HERE BECAUSE I HAVE NEVER BEEN THERE

    AND YOUR OTHER FRIEND SAID "DON'T EVER USE CREDIT CARDS"
     
  13. jenz

    jenz Well-Known Member

    okay, i've been reading the thread and i am kind of perplexed about a couple things. first, you have NO joint debt being included in the bk? is their some reason your husband can't help you avoid bankruptcy? how are you able to buy a house in another state when you can't afford these debts?

    i am not on a soapbox, or trying to insult you or anything, so dont think i am against what your doing - i just feel like i missed a post somewhere.
     
  14. Poochie

    Poochie Well-Known Member

    Re: Re: What happens w/ Judgements? Scared

    Hey Jenz!

    I've posted bits and parts of this story in various places, so it probably looks a little fuzzy. The short answer to your question is that my husband extended himself almost to the breaking point trying to keep the house I bought right before we got married from going into foreclosure. We had an EXTREMELY short courtship - dated 3 months, got pregnant, got married right away. I had just bought a house, so we were scrambling to sell it after I moved into his. When we met, we had only a couple thousand in debt between us - we could and did pay off our balances every month. We went through all kinds of nightmares with my house - bad tenants, broken contracts etc. I had quit my job because I was in a high pressure field which required a lot of overtime and my husband travels 3-5 nights a week for a minimum of 45 weeks a year, and since he is the higher earner, my job had to go. Any way, long story short, the real estate market crashed post 9-11, we hadn't been able to get rid of my house, we spent a lot of money trying to fix it up to sell it faster and it still sat on the market for over a year while we paid on both mortgages with only one income. I finally pulled the plug earlier this year, the house got foreclosed on etc etc etc. By this time I had drained all my savings, then husband drained all of his and ran up his cards to make ends meet. So he has helped me, almost to the point of self destruction. As I'm sure you can understand, we can't afford for both of us to have crappy credit and since I'm essentially a stay-at-home mom, mine is the one that we scuttled. We have no joint debt because we came into this marriage with individual credit cards, car loans, mortgages etc and haven't needed to buy anything together. We haven't opened any accounts since the marriage except a Sams Club and a Rich's, which are in his name. If we don't pay on my accounts (meaning if I can declare BK) then we can survive on his income while we dig ourselves out from under slowly. We already own a home, and are selling it to move to a cheaper house in a cheaper state to save money to better enable us to pay off debt. Any other questions?

    Poochie
     
  15. Poochie

    Poochie Well-Known Member


    WOOF!!!!! Can you believe these dorks? Perhaps the reason you've never been "there" is because you've spent so much time "here" learning what not to do!!!

    Poochie
     

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