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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31011
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My wife has racked up over $90,000 in credit card debt. In

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My wife has racked up over $90,000 in credit card debt. In addition we owe approx. $145,000 on our home with second mortgage of $49,000. We are currently separated due to her constant spending habits. She is also racking up between $200 to $600 in overdraft fees in our joint checking account. She said that she will take me down and doesn't care how much she overdrafts our jt. acct. She is 52 and I am 67. Can I file for bankrupcty?
You can file bankruptcy and get rid of this debt if you're eligible. You can check your eligibility here: http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter7.aspx.

However, your wife would also have to file along with you to be free from the debts as well.
Customer: replied 6 years ago.

I was hoping that you could tell me if I'm eligible or not that's why I wrote you. What qualifications do you have to have to be eligible?

Sure. Here you go:

 

To qualify for relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. 11 U.S.C. §§ 101(41), 109(b). Subject to the means test described above for individual debtors, relief is available under chapter 7 irrespective of the amount of the debtor's debts or whether the debtor is solvent or insolvent. An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e). In addition, no individual may be a debtor under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.

 

One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a "fresh start." The debtor has no liability for discharged debts. In a chapter 7 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. 11 U.S.C. § 727(a)(1). Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not extinguish a lien on property.

 

You can take the means test here: http://www.legalconsumer.com/bankruptcy/means-test/state.php?st=OH

 

 

Customer: replied 6 years ago.
So you are saying that I would still be responsible for the first and second mortgage on the house? By the way, thanks for your patience with this issue.

No. If you don't want to keep the property, you can have the first and second mortgages discharged through the bankruptcy as well.

 

Feel free to ask as many questions as you want. I certainly don't mind!

Customer: replied 6 years ago.
She told me she won't go bankrupt route but she has to if I do, doesn't she?
No, she doesn't have to and you can do it without her. You will be discharged of all of the debts, but she won't. This means that your obligation to pay will be gone, but she will still owe 100% of all of the debts.
Customer: replied 6 years ago.
Thank you so much. How late today can I ask you any more questions?
This question will stay open for days - even after you click accept and I'm paid for my time - the question will remain open.
Customer: replied 6 years ago.
Will I be expected to put another charge on my credit card? It's not that I don't feel you are worth it, because you are, it's just that things are really financially "tight" right now. I was hoping to get some more questions in tonight when I brainstorm with my friend. Thanks so much. You have been so helpful!!! You don't know how much I appreciate your time and knowledge!!!

No. Your money is put into an account for you to use on questions. When you click ACCEPT, the value of the question is transferred from your account to pay me 1/2 ($15)and JA gets the other 1/2.

 

You're only charged when you click ACCEPT. Thus, if you only click it once, you'll only be charged once.

Customer: replied 6 years ago.
Sorry to be a pain, but I can wait to click accept in case I think of another question?

That's up to you. Even if you click ACCEPT and pay me, the question will not close. It will remain open and you can ask more questions without paying again.

Roger and other Bankruptcy Law Specialists are ready to help you

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