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My fiancé passed away just over a year ago,we lived

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together, and his business employed...
My fiancé passed away just over a year ago,we lived together, and his business employed me...I lost over 1/2 my income...I have been paying my credit cards and now, I am running up a debt I know I am in trouble...I make the minimum payments and more...but use the cards again for utilities...I substitute teach and cannot replace the income/help I had...now that I don't have the income I had, I don't think I can get a loan I can afford-to consolidate...
Submitted: 1 year ago.Category: Legal
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9/3/2016
Lawyer: CalAttorney2, Attorney replied 1 year ago
CalAttorney2
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Lawyer: CalAttorney2, Attorney replied 1 year ago

I am very sorry to learn of the death of your fiance, please accept my condolences.

I hope that you are not paying your fiance's debts, and that his creditor's are not pursuing you - you are not liable for any of his obligations.

However, if your debts exceed your income, and you are currently in financial distress, it may be worth considering bankruptcy protection. Bankruptcy provides a "fresh start for the honest debtor" and allows you to erase your current debt through a bankruptcy discharge. I do recommend working with a local bankruptcy attorney, however, it is possible to file for bankruptcy without an attorney if necessary (see: http://www.uscourts.gov/services-forms/bankruptcy/filing-without-attorney).

If at all possible, try to file for a Chapter 7 "liquidation chapter" rather than a Chapter 13 "repayment chapter" - as a Chapter 7 matter is resolved in about 4 months while a Chapter 13 requires you to continue repaying for 5 years. (The only time a Chapter 13 is reasonable to consider is if you are trying to maintain home ownership, or if you are forced into it by the bankruptcy "means test" - but based on what you posted, I don't think this is going to be an issue)

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