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Filing for BK - First Timer

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bartoe
New Contributor

Filing for BK - First Timer

Hello Everyone!

 

I frequent these boards a lot but do not post.  I am not in a BK position --- I was fired from my job on 3/26 and am looking for work but have not found anything as of yet.  I have gone and talked to an attorney and have decided that BK is in the best position, however I am reaffirming on my home and my current auto since i need something to get me around and find a job.  I plan on filing on 5/1/2014.

 

I have a few questions.  I asked the lawyer but I don't think he heard me.

 

1.  My husband and i have a joint checking account together -- how will that work with BK?

2.  I also have a seperate account where I put the money that goes towards my house into.  My house is currently being rented because i moved for a job, but now I don't have that job and won't be able to cancel the lease agreements that we have.  I just want to make sure that they don't take that and use it -- any suggestons?

2.  My new credit union I switched to, offers a secured credit card and in 15 months of on time payments etc I can be switched to an unsecured card -- should I do that after I file for BK.  I want to make sure that we have something available as an emergency.

3.  I will still be paying on my house/car/student loans -- any idea how this will affect my ability to get a new car (my current car is a lease) in December?

4.  I'm currently making all the minimum payments since we can afford it for this month --- when do I stop paying?

 

Thank you!

Message 1 of 3
2 REPLIES 2
gdale6
Moderator Emeritus

Re: Filing for BK - First Timer


@bartoe wrote:

Hello Everyone!

 

I frequent these boards a lot but do not post.  I am not in a BK position --- I was fired from my job on 3/26 and am looking for work but have not found anything as of yet.  I have gone and talked to an attorney and have decided that BK is in the best position, however I am reaffirming on my home and my current auto since i need something to get me around and find a job.  I plan on filing on 5/1/2014.

 

I have a few questions.  I asked the lawyer but I don't think he heard me.

 

1.  My husband and i have a joint checking account together -- how will that work with BK? I would close prior to BK and let him open new in his name alone this is assuming he is not filing BK with you.

 

2.  I also have a seperate account where I put the money that goes towards my house into.  My house is currently being rented because i moved for a job, but now I don't have that job and won't be able to cancel the lease agreements that we have.  I just want to make sure that they don't take that and use it -- any suggestons?

 

2.  My new credit union I switched to, offers a secured credit card and in 15 months of on time payments etc I can be switched to an unsecured card -- should I do that after I file for BK.  I want to make sure that we have something available as an emergency. You would not open it till post discharge

 

3.  I will still be paying on my house/car/student loans -- any idea how this will affect my ability to get a new car (my current car is a lease) in December? Its going to raise your rates at minimum and maybe wont be able to lease at all.

 

4.  I'm currently making all the minimum payments since we can afford it for this month --- when do I stop paying? NOW if you are seriously filing

 

Thank you!


 

Message 2 of 3
ezdriver
Senior Contributor

Re: Filing for BK - First Timer

With only one month to filing, I would have stopped payments already.

 

Reaffirmation of debt will be evaluated by the bankruptcy trustee and approve it or not. One section of the reaffirmation agreement contains the numbers that prove reaffirming will not cause a hardship to the petitioner. The attorney also has to confirm that the petitioner has been advised of the risks of reaffirming debts. If the trustee does not agree and sign it, the reaffirmation agreement will not happen.

 

It is unlike that you will qualify for another lease with a bankruptcy on your credit report.

 

If you feel that your attorney is not listening to you, fire the attorney and retain another.

Message 3 of 3
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