Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.
1) How many are in your household?
2) Do you provide support for anyone who is not in your household?
Thank you for your response.
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.
Please let me know if there is anything else I can help you with.
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.)
In other words, in the majority of cases, student loans are unaffected by Bankruptcy filings.
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.
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.
There is certainly a lot to think about!
By being able to discharge the balance of the mortgage and credit cards, there will be more money available to pay the student loans.
Please have a pleasant evening!
And please don't forget to provide a positive rating for my help.