Question Regarding Filing for BK

Updated on July 29, 2009
S.H. asks from Tempe, AZ
6 answers

My husband finally started a job last week (across the country) after 9 months off of work. Inbtwn - i have racked up almost 16K in credit card debt for medical, and house payments, food and now at the end of the month - house goes to auction. I need advice on how to file BK- if i qualify - i havent filed for a separation, but wonder if i should since i am doing this on my own without any financial help from him at this time. I still love him, i know he is "now" trying - he has put in 120 hours in the last 9 days working.. but that i think its too late for myself- I am trying to get everything organized - i work full time, have 2 young kids - i just need to take care of us right now.. thanks for reading..

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A.J.

answers from Albuquerque on

I would suggest finding a lawyer to help you. Some lawyers will even give you a free 30 minutes consult. My husband and I were faced with the same thing 2 years ago. Except we had about 20,000.00 in debt. Just 2 years later we are debt free except a car payment and we did not have to file for bankruptcy. Our lawyer was able to negotiate with our debtors to amounts we were able to pay. Just so you know even though your house is going to auction you still have the right to REDEEM your home back or sell your redemption rights to someone else. The man who had purchased our home at auction was a jerk and kept threating us. So you have 30 days after the judge signs the paperwork on your home to either purchase your home back or sell your redemption rights and make some money. I hope this helps some and isn't to confusing.

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R.N.

answers from Albuquerque on

Good morning Stace,

I used to prepare Chapter 13 and Chapter 7 bankruptcies for 10 years and would be happy to answer specific questions you may have, without giving you legal advice. I no longer am in the bankruptcy field, but much is still the same and I can also direct you to the right attys and legal staff who will be of further service should you decide to file. E-mail me with an e-mail address I can provide my phone number. Good luck!

R.

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D.J.

answers from Phoenix on

I can't give any financial advice, but I would love to encourage you to do whatever it takes to make your marriage work. I know you are trying to do the best for your kiddos, but they will not be any better off growing up without a daddy. Kids NEED their daddy, and you have the power to make sure that they can have one. I know this is a really hard time for you - blessings!!!

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P.B.

answers from Phoenix on

Hi Stace,

As a women I know exactly how you feel when things are starting to snowball rapidly out of control. However the "main thing must remain the Main thing" I always tell myself. Family & Husband are the Main Thing. Don't let circumstances tear that apart. There are people all around you going through the same financial mess... you're not alone. TOGETHER you will be able to climb out and tackle problems better than by yourself. I would love to encourage you more but this isn't really the right forum. As far as your home, Do you have it up for sale? If not, It's possible to keep you in your home a little longer by listing in as a short sale. As a realtor I could give you a little more advise on that. As a wife and mother I would love to encourage you through the storm. Here are a couple websites. Please call me or email me if you would like to talk.
http://www.calvaryphx.com/
http://www.site.pro3agents.com/

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K.R.

answers from Phoenix on

Hi, Stace -
Sorry things have been so difficult. Sounds like you've been through the wringer. I don't have any advice on bankruptcy, but hopefully someone can help you with that. My only comment was that it sounds as though because of your husband's new situation, things might be finally turning the corner. If you still love him, do you really want to throw in the towel on your marriage now? Maybe you could give it some time. Don't make any decisions just now and see if things really improve with him.
Best of luck. I hope things all work out the way you want them to.

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M.J.

answers from Tucson on

I am sorry you are going through this. I would hate to see you get separated because of finances and the loss of a job. It is not easy in these economic times. Most divorces occur because of financial issues.

I know things have been hard for you and your husband. As a wife our job is to take care of the family even our husbands. Some men think that they will never loose their jobs, that they are valuable, however when it happens it is a blow to their manhood. They can get depressed just as easily as a woman does sometimes even worse because they will not tell you about it or even talk to anyone and they can fall down hill quick. Some it hits them so hard that they never work again. Yours is back at work. Be his cheerleader keep encourageing him. He can turn things around too, maybe even go see a counsuler. For better or worse is what we have said. This is worse for you all and things will get better.

We are also going through financial issues in my house. We have been able to stay on top of paying our bills but it is becoming increasingly harder. My husband is a loan officer, full commission, I am a stay at home mom. We feel that I need to be a mom and not work. It is very hard because this month we may only get a $200 check. That certainly will not pay all the bills. However we are trusting in God and we know things will change. "Philippians 4:19 And my God will meet all your needs according to his glorious riches in Christ Jesus."

I will now be starting a part time job in my home Praise God I will still be with my little ones. We also started the "Total Money Make Over" by Dave Ramsey it is how to become debit free, completely debit free. We have a mortgage, a 2nd mortgage, student loans, car loans, credit cards, not including the 1st that is about $80,000.00 in debit.

You can do this you can turn things around. I know you live in the phoenix but you should call around to BK firms and see what advice they can give you. Here is one I know of in Tucson. Robynson & Rylander ###-###-####.

I pray things will get better for you soon.

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