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I am debating about going for a debt reduction request to credit

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cards or a bankruptcy buy...
I am debating about going for a debt reduction request to credit cards or a bankruptcy buy am worried with the bankruptcy the that can garnish my $10000 personal injury settlement that is coming or my tax refund next moth and require me to pay any charges made within the last 6 months prior to filing. I do not want this but I am disability which is low income and my spouse makes under $2000 per month and plans to go bankrupt once he is assigned half the debt which will make the credit card company come after me. I have perfect credit but owe $33,000 with spouse and do not know how to avoid damaging my name and credit. Any thoughts to what would be wise?

My local lawyer that i want cannot even meet with us for another 2-3 weeks so we are still married living separately. Spouse left a goodbye out of marriage note for me.
Submitted: 5 years ago.Category: Bankruptcy Law
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Answered in 15 minutes by:
12/29/2011
Bankruptcy Lawyer: CML Bankruptcy, Attorney replied 5 years ago
CML Bankruptcy
CML Bankruptcy, Attorney
Category: Bankruptcy Law
Satisfied Customers: 24
Experience: Highly experienced in Chapter 7 & 13 bankruptcy.
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JACUSTOMER-5wmx0je1- :

Good evening. I'm happy to try to help you this evening.

JACUSTOMER-5wmx0je1- :

Is there anything in particular that's causing you to consider filing bankruptcy right now? As opposed to waiting until a later date?

JACUSTOMER-5wmx0je1- :

And your other option, of contacting your creditors regarding settlement, is that so that you could avoid bankruptcy all together?

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Bankruptcy Lawyer: CML Bankruptcy, Attorney replied 5 years ago

I will wait for your response before proceeding...

 

Thank you.

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Customer reply replied 5 years ago
i am just panicked that my spouse left me and is having me pay for his ccar and cat insurance and cell phone and health insurance because he has no money to his name. He also has our second car which is in our names and he is not responsible and has never paid a bill in his life. So I am afraid of getting stuck and I cannot afford things now that the left. Also I have not received any support for our child even though it has only been two weeks. He is not helping me with half the minimum payment on our credit cards either which is $700. When we divorce he will probable get assigned half the debt but will most likely not pay it and probably file bankruptcy in which they come after me in the meanwhile. i feel overwhelmed and stuck. What is the best option since iI am disabled and my income is limited and not going to increase.?
Bankruptcy Lawyer: CML Bankruptcy, Attorney replied 5 years ago

Jeez, I'm sorry to hear how bad things are going right now.

 

However, I have to caution you, I cannot give you any legal advice, only legal information. I encourage you to seek the advice of a licensed attorney in your state for specific advice and potential strategies as to how you should proceed.

 

That having been said, why are you paying for his car and auto insurance? Are you using the car? And the health insurance? Is there a court order that requires you to pay for these things? I am not aware of a legal obligation on your part to pay bills that are not in your name.

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Customer reply replied 5 years ago
becuase he will default and blow my credit and tarnish my name and if anything goes wrong health wise or with the car and it is not paid i will be financially responsible. can you suggest hypothetically what you could see someone doing in a situation similar to mine? bankruptcy or debt consolidation or some other option. What are the pros and cons of each?
Bankruptcy Lawyer: CML Bankruptcy, Attorney replied 5 years ago

The best information I can give you is that debt consolidation is typically a contractual "savings plan" in which you make specific payments to a third party, who saves those funds, minus their fees, until they have enough to make a lump sum payment to one or more creditors. Your creditors are under no obligation to agree with the third party's proposal and can pursue you despite your participation in such a program.

 

Bankruptcy on the other hand, requires participation of all of your creditors. While bankruptcy is often viewed as a negative, what many don't realize is that bankruptcy can be a financial tool used to help people take control of their financial situations, rather than continuing to deal with the situation they find themselves in by the creditor's rules, or in your case, your husband's rules.

 

Either situation will likely have a negative effect on your credit score, but with bankruptcy you retain control of your situation (as in, you can't be sued by your creditors for failing to pay the debt). Also, bankruptcy allows you to maintain health and auto insurance and reasonable auto payments.

 

While you may have some exposure (i.e. have to turn over) with your personal injury proceeds, at $10,000 for settlement, bankruptcy planning can reduce if not eliminate that exposure. Additionally, the same thing applies to your tax refund. Some courts will allow you to pro-rate the refund over the course of the year if its necessary for your health, safety, and welfare or that of your dependents.

 

In any event, it sounds like you really need some personalized advice as your situation seems to have multiple variables that warrant further discussion. I strongly, very strongly, advise you to seek the advice of an experienced bankruptcy attorney in your area. I think you will feel much better once you have personalized legal advice.

 

I also encourage you to seek the advice of a family law attorney to insure that your rights are protected and to see if you should be receiving contributions for the auto and health expenses - today.

 

Thank you for the opportunity to assist you. Please remember to click the green "accept" button as that is the only way I receive proper credit and compensation for my assistance here today. I always appreciate feedback as well.

 

Best of luck to you! Please let me know if I can be of further assistance or if you need clarification.

 

Thanks!

Cara

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