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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12964
Experience:  B.A.; M.B.A.; J.D.
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I am age 54. In the summer of 2008 I graduated in the masters

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I am age 54. In the summer of 2008 I graduated in the masters program for teaching esl to adults. I have a 40,000 gov't loan. I also have credit card balance of 30,000 because I charged $800 per month for health insurance. I contracted to go to Oman to teach last Sept. Two days before I was to leave I was diagnosed with ovarian cancer. It is now 8 months and I have been treated for cancer. I have no monew. What can I do?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 5 years ago.
How are you currently meeting your living expenses?

My understanding is that you currently have no job. Is this correct?
Customer: replied 5 years ago.
I just received my first check from Soc. Security disability for $900. My Mother pays My mother pays $800 each month for my health insurance. That's how I received excellent treatment. I live in a condo which she owns. She currently lives with her partner so it is available. She pays expenses of the condo.. My minimal living expenses come from my sister and her husband. My mother is retired and her retirement income is down 35%. She has some savings and that is where my health insurance comes from. I am giving half of the soc. security money to my Mom and half to my sister and her husband. (So far they have their jobs) My cancer is level 3. As I understand it I may have 2 years before it returns. I may be able to teach for a while in Oman. But I need to keep my health insurance here if I do. I only own a car; no other property
Expert:  Phillips Esq. replied 5 years ago.
Thank you for the clarification.

You might be eligible to file for a Chapter 7 bankruptcy relief if you meet the income guidelines for your household size in your state. If your income is equal to or less than the current income guidelines for your household size in your state, you may be eligible to file for a Chapter 7 bankruptcy all things being equal. In Chapter 7, if the Court grants you a discharge your debt (the credit card debts) will be wiped out. You would get a clean state, a fresh start.


Student loans are generally not dischargeable in your bankruptcy. However, you may be granted a hardship discharge based on your circumstances. Complaint for Hardship of the Student Loans needs to be filed along with your bankruptcy petition. A hearing will be held to determine the dischargeability of the student loans. If you prevail the Court may either order that whole amount is dischargeable or that only a portion of it is dischargeable, if you receive a Discharge Order in your case.


These are the current income guidelines for the State of Washington:

Household of one person $50,656.00
Household of two persons $63,521.00
Household of three persons $69,577.00
Household of four persons $82,445.00
Add $6, 900.00 for each additional individual


The filling fee is $299.00. You may able to waive this filing fee if your income is 150% below the current poverty guidelines. Click here for poverty guidelines:


http://www.uscourts.gov/bankruptcycourts/resources.html


You must receive budget and credit counseling from an approved credit counseling agency within 180 days before your bankruptcy case is filed. This means that if you are filing your bankruptcy case on Monday, you need to do the credit counseling on Sunday, the day before, not on Monday the day that you are filing for bankruptcy relief, and if you are filing your bankruptcy on Tuesday, you need to do your credit counseling by Monday and not on Tuesday, which is the day that you are for the bankruptcy relief. You cannot do the credit counseling the same day that you are filing for bankruptcy protection. The agency will review possible options available to you in credit counseling and assist you in reviewing your budget. Different agencies provide the counseling in-person, by telephone, or over the Internet.


It is usually a good idea for you to meet with an attorney before you receive the required credit counseling. Unlike a credit counselor, who cannot give legal advice, an attorney can provide counseling on whether bankruptcy is the best option. If bankruptcy is not the right answer for you, a good attorney will offer a range of other suggestions. The attorney can also provide you with a list of approved credit counseling agencies, or you can check the website for the United States Trustee Program office at http://www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm


After your case is filed, you must complete an approved course in personal finances. This course will take approximately two hours to complete. Your attorney can give you a list of organizations that provide approved courses, or you can check the website for the United States Trustee Program office at http://www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm


You may also be able to waive the credit counseling fees based on your income. The credit counseling agency that you would choose would make this determination.


Consult a local bankruptcy attorney for further explanations of your rights and responsibilities.


The sites below are good resources for finding bankruptcy attorneys in your area:


http://www.nacba.org

http://www.lawyers.com

http://www.attorneypages.com

http://www.rocketlawyer.com

http://www.justia.com



Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12964
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 2 other Bankruptcy Law Specialists are ready to help you

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