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Category: Family Law
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Experience:  30 years as a family law lawyer .
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A buddy of mine died recently and his widow is now dealing

Customer Question

a buddy of mine died recently and his widow is now dealing with a mountain of credit card debt that she did not know about and is now stuck with ($50,000) plus.She has no money to pay it off and he had no life insurance. What is her best move?
JA: What state is this in? And when did the issue begin?
Customer: California,I guess it was an ongoing thing but it was worse than she thought.He was a big drinker and they were going to get divorced.
JA: Has anything been filed or reported?
Customer: they were going to court and it was nasty but I don"t know much more than that. She still has a 16 yr old son living with her.
JA: Anything else you want the lawyer to know before I connect you?
Customer: She is also concerned if his brother can make expensive funeral arrangements and she has to pay that to.
Submitted: 1 month ago.
Category: Family Law
Expert:  RayAnswers replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 1 month ago.

She may be looking at Chapter 7 bankruptcy here if she cannot pay the debts.She can file this herself pro se.

Forms

http://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/Chapter7_Complete.pdf

Here’s a list of the forms most people need when they file for Chapter 7 bankruptcy. Some of these, however, may not apply to your case. For example, if you are not requested a filing fee waiver, you won’t need to fill out Form B 3BA Application for Waiver of Chapter 7 Filing Fee.

B 101 Voluntary Petition for Individuals Filing for Bankruptcy

B 101A Initial Statement About an Eviction Judgment Against You (only if you have eviction judgment against you)

B 101B Statement About Payment of an Eviction Judgment Against You (only if you have eviction judgment against you)

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    B 103A Application for Individuals to Pay the Filing Fee in Installments

    B 103B Application to Have Chapter 7 Filing Fee Waived

    B 106 Summary of Your Assets and Liabilities and Certain Statistical Information

    B 106A/B Schedule A/B: Property

    B 106C Schedule C: The Property You Claim as Exempt

    B 106D Schedule D: Creditors Who Hold Claims Secured by Property

    B 106E/F Schedule E/F: Creditors Who Have Unsecured Claims

    B 106G Schedule G:Executory Contracts and Unexpired Leases

    B 106H Schedule H: Your Codebtors

    B 106I Schedule I: Your Income

    B 106J Schedule J: Your Expenses

    B 106J-2 Schedule J-2: Expenses for Separate Household of Debtor 2

    B 107 Your Statement of Financial Affairs for individuals Filing Bankruptcy

    B 108 Statement of Intention for Individuals Filing Under Chapter 7

    B 121 Your Statement About Your Social Security Numbers

    B 122A-1 Chapter 7 Statement of Current Monthly Income

    B 122A-1 Supp Statement of Exemption from Presumption of Abuse (only if you qualify for an exception to the means test)

    B 122A-2 Chapter 7 Means Test Calculation (only if your income is above the state median income)

    This would allow her to start fresh and discharge the debts here.I hope she will read this and consider filing for Chapter 7.

    I appreciate the chance to help you today.Thanks again.

    If you can positive rate 5 stars it is much appreciated.

    Expert:  RayAnswers replied 1 month ago.

    For a Chapter 7 case, the filing fee recently was raised to $335. If you're unable to afford the filing fee, you can petition the court to have it waived or to pay it in installments.Feb 27, 2014

    Chapter 7 Bankruptcy in Texas: What You Need to Know

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