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VanDLaw
VanDLaw, Attorney
Category: Bankruptcy Law
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Experience:  Chapter 7 & 13
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Is there anything to help me out because this bankruptcy has

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Is there anything to help me out because this bankruptcy has made my Bipolar illnes worst and worst. I can' t even fill out the papers. Isn't there some kind undue hardship. The person who filed bankruptcy due this loan that is causing us to file bankruptcy knew that he was going to file bankruptcy before the business failed. He went out and bought a new truck. He took the largest salary from the company. He knew he didn't have any assests and told my husband to file bankrupcty too and the let the third party assume the note since he had plenty of assests. We have the equity in our house. The bankrputcy guy had borrowed against house more that it was appraised. I am having problems with my illness I need help
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 6 years ago.

HelloCustomer

 

I am sorry to hear of your situation. However, there is no undue hardship available that will forgive a loan, or avoid bankruptcy. If there is a loan due that your husband is responsible for, along with another person, there is no way for the entire loan to be discharged unless both parties file bankruptcy. You are allowed up to a $75,000.00 exemption for real property, so if the amount of your equity falls below that it is exempt from the bankruptcy and they cannot take it.

 

You shoul consider consulting with an attorney, the bankruptcy process can be very overwhelming and complicated and they will fill out all the forms with input from you and your husband. It would definitely help with the pressure of your situation.

VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience: Chapter 7 & 13
VanDLaw and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
I just don/t understand how the parnter who filed bankruptcy under chaper 13 could get disharged on a secured bank note of 100,00.00 including a deed of trust and get away with it. I haven't seen lawyer yet but my finanacial statement is more than what my husband makes. My disabilty is exempt but I don't know whether to file Chapter 7 or Chapter 13. After paying my secured note and utilities for my husband to work, I just don't know what to do.

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