I was laid of December 2009, have been on unemployment
since. Husband was furloughed in 2010 till March 7, 2010, and laid off again December 3, 2010. He collects a government annuity, and social security. We sold our home in California on a short sale December 2010, and moved to Oregon. We had to use our credit cards the past couple of years because of a decrease in earnings, and a duplex we bought in Texas 2006 cost us a lot each year for fixups, due to bad management by our management company. We sold the duplex June 2010, for $15,000 less than we paid in 2006, plus had to put in approx. $6,000 to close the deal. We used our credit cards to keep the duplex going. Plus we used our credit cards to just make ends meet for some time, plus when we moved to Oregon we needed to use them to get set up to live there. Chase held the second on our CA home, and wants us to pay over $100,000 - they had us sign paperwork to that effect in order for them to agree to the short sale. We owe $40,000 in credit card debt
. We were going to cash in some IRAs and pay off the credit cards, but when Chase said they would not forgive the $100,000 we realized our plan would not work. We are paying the minimum on credit cards. B of A held our first, and they were paid off in the short sale. Also we had to pay almost $9,000 to state of CA and IRS
for 2009 taxes
, which we were on a payment plan. We paid that off in 2010. We moved to oregon December 2010. Where would we file for bankruptcy, and do we qualify? There is a means test
, but I don't know how that works. We gross approx. $6,000/mo, with his annuity, social security, and my unemployment from California, and with minimum paid on credit cards, we pay out approx. $5,600. My husband is 67, I am 62. What are our options? Also, because we have used our credit cards to help us get established here in Oregon, will the credit card banks fight to not let our bankruptcy go through? We were not expecting my husband to be laid off, and he made around $76,000 in 2010 just from the construction management company he worked for. We would not have considered bankruptcy had he not lost his job.