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Possible Chapter 7 but I think I'm judgment proof. Anyone else??

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ewells1014
New Member

Possible Chapter 7 but I think I'm judgment proof. Anyone else??

Long story short, I'm in a heap of financial trouble.  I have about $18,000 in credit card debt.  Barclays Bank has decided to sue me for the $1,739 I owe them.  I've been consulting bankruptcy attorneys about filing a Chapter 7 bankruptcy.  The thing is, their fees range anywhere from $1,200 - $1,800 (plus the $350ish court fees) and none of them will do ANYTHING until they're paid in full.  Honestly, if I had 2 grand available to spend, I probably wouldn't be in the financial mess that I am now.

 

Here's where it gets tricky:  I'm pretty sure I'm what's considered "judgment proof."  I have no assets and no income.  I'm a homemaker and rely on my working husband to support the household.  I also am not on either the mortgage or the car loans.  My debt is my own.  The only thing I have with my husband is a joint checking account.  I have no property, no stocks, no retirement fund...nothing.

 

Chapter 7 would be the easiest thing to do because it would mean starting over, stopping this lawsuit (and any future lawsuits), and all of the collection calls and notices.  However, it's the most expensive option.  All the attorneys I've spoken with have told me they'll gladly file on my behalf, but nothing (NOTHING) will be done until they're paid in full. So in other words, if it takes me 8 months to save up enough to pay their fee, who the heck knows what could happen in that 8 month period of time.  I'll definitely have the Barclays judgment against me, and maybe another company (or two or 5) will have decided to sue me in the mean time.

 

What's to stop me from just going to the bank, removing my name from our joint checking account, and getting on with my life??

Message 1 of 30
29 REPLIES 29
enjoimorenow
Frequent Contributor

Re: Possible Chapter 7 but I think I'm judgment proof. Anyone else??

Do you ever want to have credit in the future?  If so, I'd say file for BK.  Maybe ask your husband for help paying the ffees.  Perhaps get a part time job for a month and you could easily make the money to pay the fees and file.  This would get everything off of your record, stop collection calls, lawsuits, etc.

 

I mean, I'm not one to give legal advice, but continuing to ignore the debts is not going to make them go away.  Sure, you might not have any assets for them to take now, but you have to consider your future.  Do you want credit one day?  What if something happened to your husband and you needed your own credit, or divorce or something like that.  You never know what may happen, so you don't want to be even worse off if something happens.

 

If it was me, I wouldn't just ignore it, I would find a way to help yourself file.  Maybe consider filing yourself?  You could also look into a comapny who will prepare your documents for you if you're not comfortable, and then you represent yourself in court.  Honestly, in my experience the lawyer didn't do much in the meeting anyways... they ask a couple questions and you're on your way.

 

A company here will prepare your papers for $300 and then you can set up a payment plan to pay the court fees.  Just some options for you and my .02.  Good luck.


BK 7 Scores (08/2016): EQ-528. TU-486. EX-530.
Current Scores (04/2022): EQ-717. TU-735. EX-736.
Message 2 of 30
Pway
Valued Contributor

Re: Possible Chapter 7 but I think I'm judgment proof. Anyone else??


@ewells1014 wrote:

Long story short, I'm in a heap of financial trouble.  I have about $18,000 in credit card debt.  Barclays Bank has decided to sue me for the $1,739 I owe them.  I've been consulting bankruptcy attorneys about filing a Chapter 7 bankruptcy.  The thing is, their fees range anywhere from $1,200 - $1,800 (plus the $350ish court fees) and none of them will do ANYTHING until they're paid in full.  Honestly, if I had 2 grand available to spend, I probably wouldn't be in the financial mess that I am now.

 

Here's where it gets tricky:  I'm pretty sure I'm what's considered "judgment proof."  I have no assets and no income.  I'm a homemaker and rely on my working husband to support the household.  I also am not on either the mortgage or the car loans.  My debt is my own.  The only thing I have with my husband is a joint checking account.  I have no property, no stocks, no retirement fund...nothing.

 

Chapter 7 would be the easiest thing to do because it would mean starting over, stopping this lawsuit (and any future lawsuits), and all of the collection calls and notices.  However, it's the most expensive option.  All the attorneys I've spoken with have told me they'll gladly file on my behalf, but nothing (NOTHING) will be done until they're paid in full. So in other words, if it takes me 8 months to save up enough to pay their fee, who the heck knows what could happen in that 8 month period of time.  I'll definitely have the Barclays judgment against me, and maybe another company (or two or 5) will have decided to sue me in the mean time.

 

What's to stop me from just going to the bank, removing my name from our joint checking account, and getting on with my life??


This is the part you should be afraid of.  They have the account information on file, and when they do file a judgment they will go into that account.  

Thank you for the wealth of knowledge I have learned from these forums. I am logging off as of November 9, 2022. I wish everyone great success.
Message 3 of 30
ewells1014
New Member

Re: Possible Chapter 7 but I think I'm judgment proof. Anyone else??

Okay, so even if my husband and I go to our bank this weekend and remove me from the account, they can still levy the bank account even though my name is no longer on it?

Message 4 of 30
Pway
Valued Contributor

Re: Possible Chapter 7 but I think I'm judgment proof. Anyone else??

Absolutely, they have the routing and account number on file of the last bank account associated with that credit card.

Thank you for the wealth of knowledge I have learned from these forums. I am logging off as of November 9, 2022. I wish everyone great success.
Message 5 of 30
Anonymous
Not applicable

Re: Possible Chapter 7 but I think I'm judgment proof. Anyone else??


@Pway wrote:

Absolutely, they have the routing and account number on file of the last bank account associated with that credit card.


And if they do you can and will get every penny back. As long as you can prove every penny deposited was your husbands income and none of the monies deposited were from any income you generated.

Message 6 of 30
washpadude
Regular Contributor

Re: Possible Chapter 7 but I think I'm judgment proof. Anyone else??

Do you file a joint tax return and receive a refund? They can use that judgement to garnish your tax refund.
BK CH7 Discharged 03/2015
FICO8 EQ-657 TU-657 EX-665
Revolving credit lines 125k.
Message 7 of 30
StartingOver10
Moderator Emerita

Re: Possible Chapter 7 but I think I'm judgment proof. Anyone else??


@ewells1014 wrote:

Long story short, I'm in a heap of financial trouble.  I have about $18,000 in credit card debt.  Barclays Bank has decided to sue me for the $1,739 I owe them.  I've been consulting bankruptcy attorneys about filing a Chapter 7 bankruptcy.  The thing is, their fees range anywhere from $1,200 - $1,800 (plus the $350ish court fees) and none of them will do ANYTHING until they're paid in full.  Honestly, if I had 2 grand available to spend, I probably wouldn't be in the financial mess that I am now.

 

Here's where it gets tricky:  I'm pretty sure I'm what's considered "judgment proof."  I have no assets and no income.  I'm a homemaker and rely on my working husband to support the household.  I also am not on either the mortgage or the car loans.  My debt is my own.  The only thing I have with my husband is a joint checking account.  I have no property, no stocks, no retirement fund...nothing.

 

Chapter 7 would be the easiest thing to do because it would mean starting over, stopping this lawsuit (and any future lawsuits), and all of the collection calls and notices.  However, it's the most expensive option.  All the attorneys I've spoken with have told me they'll gladly file on my behalf, but nothing (NOTHING) will be done until they're paid in full. So in other words, if it takes me 8 months to save up enough to pay their fee, who the heck knows what could happen in that 8 month period of time.  I'll definitely have the Barclays judgment against me, and maybe another company (or two or 5) will have decided to sue me in the mean time.

 

What's to stop me from just going to the bank, removing my name from our joint checking account, and getting on with my life??


^^^I have a different solution.  $18k isn't that much. It is a ton if you aren't earning any income, but you can change that by getting a job. Even if you choose to be an Uber driver for a year, part time on the weekends you can earn enough to pay off the debt in full in about a year. Uber is an example, there are plenty of P/T jobs that would accomplish the same thing. A year of concentration beats a 10 year record of Bk on your credit report. 

 

Then you can keep earning so you can start a retirement fund and stock purchases (or other investments).  for your future.

 

Another alternative is for you to file a Ch 13 rather than Ch 7.  You would still make payments monthly until the debt is paid, but it would get rid of the judgment.  From your post, it sounds like you need to adjust your lifestyle a bit.  I am not against Bk - but save it for larger events in the future - if ever you need it. A catastrophic health event is one thing. Filing on $18k seems like you ran out and spent the money and don't feel like paying it back rather than working to pay it back (JMO). 

 

If the $18k is a shortfall of the household budget, then both you and your husband need to sit down and come up with a long-term plan so you don't find yourself in the hole another $18k in a few years. 

Message 8 of 30
Anonymous
Not applicable

Re: Possible Chapter 7 but I think I'm judgment proof. Anyone else??

I'm judgement-proof as well but I decided to file for chapter 7 anyway.

 

I've been unemployed for over a year and I thought I could ignore the calls and collection bills... but then I got a warrant in debt lawsuit from Cap One and I knew I couldn't ignore it any longer.

 

My total CC debt was 10k and while it may not seem like much, I felt a huge weight off my shoulders the day I filed.

Message 9 of 30
Kaydee84
New Contributor

Re: Possible Chapter 7 but I think I'm judgment proof. Anyone else??

I'm a housewife too and rely on my husband's income as well.  For me, it's scary to rely on just his income and credit to get by in life. What if something were to happen to him? What if you decided to divorce? Although we don't anticipate these things happening, you just never know. You don't want to be in a situation a few years down the road, wishing you had handled these debts now. If I were you, I'd face this. Find a way to get the money. We will be filing Ch 7 soon too and can't wait to rebuild from there.

Message 10 of 30
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