I live in Pennsylvania. My husband and I are swimming in debt. We are considering Bankruptcy. When I had a decussion about this option with a friend, they advised me to ask for advice. When we went for a consultation with a lawyer he suggested for me and my husband to file for Chapter 13. He said we made to much for Chapter 7. He also wants us to count my sister's income and expenses, because we claimed her and her son on taxes (through the advice of our tax person, because we buy clothes and gifts). My sister receives assistance from the state (through the advice of her worker, because she has her own apartment with in our house). Now I feel because of everyone input in the direction of our lives, we are screwed no matter what we do. Can me and my husband file bankrupt with out claiming my sister? Any advice would be appreciated.....I don't know where to begin to straighten all this out.
Optional Information: State/Country of Question: Pennsylvania Already Tried: My husband and I are not behind on things yet, but one of my children's money SSA (survivor's Benefits) will stop in May 2010. We lose $934. We will lose things then. We are trying our best to keep things afloat. I work Two jobs. My husband is working. He is unable to get a second job because he travels for his job.
YOU DO NOT HAVE TO FILE FOR YOUR SISTER, GIVING HER CLOTHES OR GIFTS , AND NOT USING HER MONEY DOES NOT MEAN YOU HAVE TO LIST HER INCOME, HOWEVER, THE TRUSTEE WILL RAISE THE ISSUE TO YOU, AND YOU CAN SHOW THE EVIDENCE. A CHAPTER 13 WILL ALLOW YOU TO CREATE A PLAN THAT EXTENDS 60 MONTHS, TO PAY OFF YOUR CREDIT CARDS, THE COURT WILL ALSO ALLOW YOU TO PAY AS LITTLE AS 5% of the debts over the years. IT DEPENDS ON HOW MUCH EXCESS INCOME YOU HAVE AFTER EXPENSES.
Experience: 10 years experience, General counsel for National Corp. firms, C.U.N.Y. INSTRUCTOR,