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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Hello Im considering filing bankruptcy (7 or 13). I reside

Resolved Question:

I'm considering filing bankruptcy (7 or 13). I reside in GA. I have not been able to procur a full-time since June 2008. My annual income is 24K. I owe well over 12k in credit cards, 20k in medical expenses and I'm behind on my mortgage by 4,800. I filed a claim with my insurance co in 2008 to have the roof repair but used the funds to live off of because I was unemployed. The insurance company gave me 2 years to repair the roof. Now 2 years has expired. I don't have the monies to repair roof. Now, my mortgage company is threatening to foreclose. I've applied for a home modification more than 5 months ago and was told my application is being reviewed.
Should I file bankruptcy? Do I qualify? How can I get out of my financial mess and have peace of mind?

Atlanta, GA
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.

Hi JACustomer,

Given the information you provided, you do qualify to file a Bankruptcy. A Bankruptcy will eliminate your liability for the credit card debt and the medical bills, but you will have to continue to pay the mortgage to be able to keep the house.

This means that whether or not a Bankruptcy will help you would depend on whether you are able to pay the mortgage if you did not have to pay the other debts.


I think this is what you wanted to know. If not, please let me know.

Thank you!

cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.


I understand your response regarding the bankruptcy issue; can I be held liable for the roof repair and monies accepted (from insurance compainy) when I filled a claim although, I'm seriously considering bankruptcy or sellling the property?




Atlanta, GA


Expert:  cfortunato replied 6 years ago.
I don't know the particulars of the arrangement between you and the insurance company, so I will opt out of this question so that someone else can help you further.