*This chat is not intended as legal advice. It is general information*
Hello,Thanks for using JustAnswer. My name is XXXXX XXXXX I will do whatever I can to answer your questions! Don't Forget that the deposit you placed to ask this question is not used to compensate me until you rate my service ! Please Remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law .
It appears that you would be eligible to file a chapter 7 bankruptcy after July 19, 2013
A person can file Chapter 7 again if it has been more than 8 years since he or she filed the previous Chapter 7 bankruptcy or 6 years since the filing of a Chapter 13.
Since you are not correctly in any type of litigation, it appears that you are in a position to wait until July to file
You would be able to file without including your husband. A husband and wife are not required to file a bankruptcy jointly. One party can file without the other.
So in order to stay above water do I continue to pay my credit card bills I do hit and miss some because of money
Once you have made the decision to file bankruptcy, it is typically best to not make any further credit card payments.
Ok and what about the judgement that I have been paying on since 2009
The credit card bills will typically be discharged. The money would be typically be better spent on legal fees to retain local counsel to represent you in the bankruptcy
If you do not continue to pay the judgment, the judgment creditor may be able to attach your bank account
As far as the date my last bankruptcy was discharged do I go off the date I actually filed with the lawyer or do I go off of the date I got my discharge letter
the date that you filed
Ok well I guess I will continue to pay them at least
Ok and what about my car I purchased that in Nov 2012?
If you would like to keep your car it is important to continue to pay your car loan
if you do not want to keep your car, you can stop paying and the deficiency would be discharged
Would I have include my military star card because my spouse would get in trouble by his command if I did that card?
OK I would like to keep my car.
You can choose to pay a debt that would otherwise be discharged in the bankruptcy
Ok thank you very much.
It has been my pleasure to work with youPlease let me know if I can assist you in the future by requesting me directly.
so when should I start the process
because I know you have classes to attend right
or how early should I start?
I suggest that you meet with local counsel at your earliest convenience
typically bankruptcy attorneys offer of free initial consultation
Ok thank you and I will indeed request you in the future thanks alot!
are those required to file
yes that is correct
Thank you very much
You are welcome
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).