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To file or not to file

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Julyanne26
Member

To file or not to file

I'm just looking for advice, as I don't know if I should file chapter 7 or if I even qualify.
I'm 37, live in Massachusetts and make 50k a year before taxes.
I don't own a home, my car is paid off and is worth about 4-6k.
I'm married but my husband and I were married in Mexico last year and we haven't yet legalized it here in the states. My husband and I also do not share any bank accounts or own anything jointly. He is an authorized user on 2 of my credit cards however.
I'm just so over my head. I have about 52k in credit card debt along with 18k in a personal loan. I've never been late on any payment( not a single one) until last month after being out of work on disability due to a running injury.
I can't sleep and all I do is stress about making my payments-but that's just it, I'm barely making my minimum payments and having to charge groceries, gas, utilities bills, etc.
Does chapter 7 sound like the right thing for me?
Since my husband and I aren't technically married in the US and share nothing financially, would he be excluded?
I have contacted a lawyer through my legal plan at work and I'm waiting for a call back.
Any advice would be great. Can I even file for bankruptcy when none of my accounts are delinquent??
Thanks
Julie
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1 REPLY 1
JenniferinFL
Frequent Contributor

Re: To file or not to file

Massachusetts is not a community property state, so you can file for bankruptcy by yourself without your spouse being included.

 

Here's the means test to determine if you can file Chapter 7 or if you have to file Chapter 13: http://www.nolo.com/legal-encyclopedia/chapter-7-bankruptcy-means-test-eligibility-29907.html

 

 

I would remove him as an authorized user now. My husband was an authorized user and it was difficult removing him after the fact.

 

There are long lasting repercussions to bankruptcy. Once a year, a couple of my old bills included in bankruptcy pop up as collections, usually right around tax time. So, yearly I have to dispute those. (Original creditor sold to junk debt collector) It's illegal, but they do it anyways.

 

Occasionally, my old house gets changed to foreclosure status instead of included in bankruptcy, and then I have to dispute and fix it.

 

The lenders you have now may never work with you again, including lenders you owe nothing too. I didn't owe Chase a dime when I filed, but they closed the card and I'm blacklisted from Chase.

 

I filed in 2009 and still can't get a card with Discover or Amex even though I never had a card with them before. Decline reasons are bankruptcy.

 

When I filed, my husband and I had both been laid off. I filed before anything was late. There was simply no alternative and it was 6 months before my husband found a job and three years before I found a part time job. I still haven't managed to find full time employment.

 

But, I still wish it could have gone down differently. My husband has great credit now, but, mine is still going to be held back for another 5 years.

 

 

Current Cards: Cap 1 Journey $3000, Cap 1 Playstation $2250, WFNNB Store Cards $2450 combined, Target $700, CareCredit $1700, Barclay Rewards Plat. Mastercard $1800, Old Navy $300, DCU Platinum Rewards Visa $2000, Swagbucks Rewards Visa $1000

Starting Score: 615 EQ (03-15-2012) 600 TU (03-21-2012 Barclays app) ) Ch.7 discharged 5/2009

Current Score: 671 EQ (09-27-2014 DCU) 660 TU (9/26/14 Barclays) Ex 688 (10/07/2014 Swagbucks)

Gardening since 9/22/2014


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