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legalg
legalg, Attorney
Category: Bankruptcy Law
Satisfied Customers: 7454
Experience:  General Practitioner
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Our family has faced several financial hurdles. My spouse is

Customer Question

Our family has faced several financial hurdles. My spouse is a working teacher. I am a disabled veteran. My eldest daughter was severely injured, then my mother had a stroke, then we had to tend to my father-in-law, who recently passed away. These issues have resulted in four moves in 5 years. Family has helped a bit. Then my son (who was supposed to be in the care of my ex) was placed into our home as a foster. He wrecked a car. Between that, a repossession, voluntary sacrifice of a home, living in a family trust home that we must leave prior to August 1st so it can be sold, our credit is a disaster. I qualify for a VA home loan but don't have the credit. I talked to a VA councilor and he recommended a rental for a year with a bankruptcy so we can start fresh as the best method. We have fought this but the truth remains that now that I am taking care of my mother after her stroke I can no longer expect full time employment so we are investigating his recommendation.
JA: The Bankruptcy Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, I have just started looking, only talked to the guy this past Friday.
JA: Please tell me everything you can about this issue so the Bankruptcy Lawyer can help you best.
Customer: They tell me there are low cost options for disab
led veterans
JA: Is there anything else the Bankruptcy Lawyer should be aware of?
Customer: I can't think of anything
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Bankruptcy Law
Expert:  legalg replied 7 months ago.
I'm sorry to hear this; unfortunately sometimes bankruptcy is the only option when one experiences a series of tragic events. Chapter 7 is the chapter that is known as the fresh start bankruptcy:To qualify for relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. 11 U.S.C. §§ 101(41), 109(b). Subject to the means test described above for individual debtors, relief is available under chapter 7 irrespective of the amount of the debtor's debts or whether the debtor is solvent or insolvent. An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e). In addition, no individual may be a debtor under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a "fresh start." The debtor has no liability for discharged debts. In a chapter 7 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. 11 U.S.C. § 727(a)(1). Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not extinguish a lien on property. The process is started by filing a petition in the bankruptcy court - here is the way to locate the court near you:http://www.uscourts.gov/court-locator The local Veterans office may have military attorneys that will assist in the preparation of the bankruptcy documents; if not, one can use self help and prepare the documents themselves; if so, it is best to get a comprehensive book so that one is familiar with all of the steps/procedures. This site explains the process, and has links to the forms required. Please see the bottom of this link for 2 possible links that offer low cost/free legal assistance:http://www.uscourts.gov/services-forms/bankruptcy All needed forms can be found here:http://www.uscourts.gov/forms/bankruptcy-forms Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  legalg replied 7 months ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site:http://apps.americanbar.org/legalservices/lris/directory/Should you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!