Financial Challenges Support Group
This community is for people who are struggling to meet financial obligations of any kind. Financial challenges include everything from the day-to-day challenges of making ends meet to managing credit card debt to bankruptcy. Get support from others who are going through similar obstacles on the road back to financial stability.
Current have an inhouse separation with spouce (I know very dumb), he is seeking advise about filing bankruptcy. I don't want to file & I am not sure we or he would qualify. We have a good income, but we definatly misuse the finances. I have always handled the bills & admit am not very good apparenlty. The $$ is there, so my question is Can he file bankruptcy? Will I be affected? Can I still file for a legal separation & get maintenence if he files? I feel like my head is spinning, I don't have money for an attorney yet. Will probably sell some jewelery to pay for retainer. Any info would be helpful.
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about the seperation and support? I haven't clue...have kids? are they going joint custody or to you or to him? that can be the milk cow for an attorney...custody battles suck...I divorced for $1000 to my lawyer and she had none and I did nothing to her and she asked nothing of me...simple case of just end it....I wanted to be protected from her medical bills since she has emphazima
A consumer Chapter 7 bankruptcy proceeding can eliminate your unsecured debt and give you a fresh financial start. No repayment.
A chapter 13 is a scheduled repayment plan (my is 5 years) where a trustee takes over your debt. Secured creditors are paid first and unsecured debt is paid at the end typically 80 - 90 % less than you owe.
As I advised before ...the first lawyer visit is usually free. Go see one.... in order to file a chapter 7 you must pass the means test.... if he files a chapter 13 before you have a separation agreement it will impact the amount he can pay... the lawyer establishes a budget of Necessary living expenses (you can forget things like lawn service, cable TV, internet, cell phone, etc) and EVERYTHING else goes to the trustee by garnishment of wages.
If we were separated, I was not too concerned as I thought I could...but if we stay married, I was not for sure about it.
this is debt prior to marriage five years ago. I was really good at budgeting...but between becoming ill and needing SSDI, which I am hoping soon of the approval/denial....I am unable to pay my debt.
My hubby makes good money, however, he is the "spender" of the family. He had filed over 7 years ago when he divorced his first wife.
So, I was curious if I could because still being married. Also, does it vary state from state?