Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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hi, i am recieving notices to charge off credit card debt, i am not sure what that is....i have contemplated filing bankruptcy...and have been told we do qualify. I have one home that is up for sale, if it does not sell we want to try for a short sale....I have close to 80,000 in cc and other debt, we both are on disability, i own a piece of land in NV that is only worth about 4,000 and we purchased a home (with a loan from my parents) for cheaper housing because we are sinking fast, the other home was a buy the land and we will give the house....it needs tons of work....so far we have borrowed about 40,000 from my parents to purchase the home and make it somewhat livable (it had severe termite damage and failing foundation....that is fixed now...but it still needs heating and electrical)........I have a law suit that is only about 4,000 when and if paid...and husband is ready to file lawsuit for dr negligent from not putting him on plavix after a stent that resulted in a blood clot that they were wanting to amputate his leg to his hip...although the drs where able to save his leg...he now has a stent inside the original stent....with that said he has lessened the blood flow to his leg even more now...I really am desperate as to what to do........can cc debt be put as a lien on your home?
Response: Yes. If the credit companies file lawsuits and prevail, they would obtain Judgment against you and subsequent Execution for the Judgment and the Execution may be put on your property as lien. From what you have described, bankruptcy should be given serious consideration.
You may be eligible to file for chapter 7 bankruptcy protection, if you meet the means test--the income test. If your income is equal to or less than the current income guidelines for your household size in your state, you would be eligible to file for a Chapter 7 bankruptcy all things being equal. In Chapter 7, if the Court grants you a discharge your debts will be wiped out. You would get a clean state, a fresh start.
These are the current income guidelines for the State of Michigan:Household of one person $43,456.00 Household of two persons $52,433.00Household of three persons $61,517.00Household of four persons $74,558.00Add $7,500.00 for 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 current poverty guidelines:
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:
If you cannot afford an attorney, then the next best alternative will be to use bankruptcy petition preparer. Bankruptcy petition preparers prepare bankruptcy forms but they cannot give you legal advice because they are not attorneys. Click on the links below for some of the bankruptcy petition preparers. You can do some searches on Google or Yahoo if you do not like the ones on the links below.http://www.bankruptcyseven.com/
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