How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask cfortunato Your Own Question

cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

I am going through a divorce my husband filed chapter 7 and

Resolved Question:

I am going through a divorce my husband filed chapter 7 and was discharged now I'm left with 40,000 in credit card debt the mortgage which I stopped paying moved out we are upside down owe 409000 only worth 350000 . Plus 190,000 dollars from my student loans both Private and stafford I'm foreclosing but want to protect myself . I pay rent now but wanted to know if I would qualify for chapter 7 or 13 I make 140,000
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 1 year ago.

cfortunato :

Hi - my name is XXXXX XXXXX X'X a Bankruptcy attorney here to assist you.

cfortunato :

1) How many are in your household?

cfortunato :

2) Do you provide support for anyone who is not in your household?

Customer: I have one son who I pay mostly everything for . I live with my brother and my parents who are in the ion law apt I am providing money for them because the are financially struggling
cfortunato :

Thank you for your response.

cfortunato :

Given the information you provided, you would not qualify for a Chapter 7 Bankruptcy (unless you provide more than $7,000 per month to support your parents), but you would be able to file a Chapter 13 Bankruptcy.

cfortunato :

Please let me know if there is anything else I can help you with.

cfortunato :

Thank you!

Customer: If I filed chapter 13 would that help with my student private loans?
cfortunato :

No - there is no type of Bankruptcy that can discharge student loans, or help with student loans, if the filer is able to work. (Student loans can be discharged if, and only if, the filer is permanently disabled.)

cfortunato :

In other words, in the majority of cases, student loans are unaffected by Bankruptcy filings.

cfortunato :

Unfortunately.

Customer: No that's ok wasn't sure . I gues I'm tryi g to avoid them coming after me in regards XXXXX XXXXX away from the house I just want to get on a better track. Not sure if I should negotiate my credit cards down or file chapter 13 . I guess I just didn't think it would come down to this. I have been left with all marital debt and feel overwhelmed.
cfortunato :

Trying to negotiate with your credit card companies before deciding whether or not to file a Bankruptcy would definitely be a good idea. However, you also have to take into account whether or not your soon-to-be ex-husband is going to continue to pay the mortgage, even though his liability to pay it was discharged in his Bankruptcy. If he is not going to continue to pay the mortgage (you didn't indicate whether he is still living in the home, or whether he wants to continue to pay the mortgage so that the bank does not foreclose), then you may be able to short-sell the house or offer the mortgage the deed in lieu of foreclosure.

cfortunato :

If the mortgage is in default, and if you are not able to short sell the house, or give the deed in lieu of foreclosure, then you may have to file a Bankruptcy to discharge your liability for the balance of the mortgage, even if the credit card companies are willing to negotiate.

cfortunato :

There is certainly a lot to think about!

Customer: The mortgage is in default and no one is living there we are upside down about 60,000 or do dollars . I guess my main concern is the liability of the mortgage since he's discharged . I know in time I will pay off the credit cards and student loans but don't want the house too! I am embarrassed that I even have to consider this route . So I guess I have no choice but to file bankruptcy .
cfortunato :

By being able to discharge the balance of the mortgage and credit cards, there will be more money available to pay the student loans.

cfortunato :

Please let me know if there is anything else I can help you with.

cfortunato :

Thank you!

cfortunato :

Please have a pleasant evening!

cfortunato :

And please don't forget to provide a positive rating for my help.

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 3 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.