Wanting to file Chapter 7 and need some advice

Date: Fri, 04/24/2009 - 18:13
Submitted by on Fri, 04/24/2009 - 18:13
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I am working in the auto industry in Indiana, I am making about $600/mo. less than I was when I bought my house, car and more recently before my pay cut a personal loan. I have no credit card debt. I do however have 1 store front and 2 internet payday loans.

Here is my Income and debt figures.

I make about 1600/mo. net and 2200/mo. gross
My house payment is $255 bi-weekly(includes taxes and ins.)and is current still owe arround $57,000 (not including interest)
My Personal Loan is $210/mo. and is 3 mo.'s past due and still owe around $6600 (not including interest and late fees)
My Payday Loans are: 1. Storefront- $450 owed=$120/mo-14 days late, 2. Online- $500-owed=$200/mo-2 mo.'s late, 3. Online- $300-owed=$150/mo.-1 mo. late
Car Payment-$269/mo. current, still owe around $7000 but have been behind several times. (this car is co-owned) and do not want to include it in the BK
Medical Bills-ranging from about $600-$2000 havent added them all up yet.

So Total debt= $64,850 (not including the car) and $1190/mo (not including the car, medical bills and living expenses)

So my questions are...
1. Do I have to include the car on the BK?
2. Do I have enough debt to even file?
3. I am planning on moving out of state in a few months to move in with fiance, how will this effect the BK?
4. Since I am moving and will be changing jobs, working in another State, how will this effect the BK?
5. I don't want to keep the house, if I do file, because of moving. How will this effect the BK?
6. Are medical bills included in the BK?

I do plan on speaking to my lawyer about filing next week. I am just wanting to get a heads up about what to expect when I go in. Any help will be appreciated! Thanks!


Quote:

So my questions are...
1. Do I have to include the car on the BK?
2. Do I have enough debt to even file?
3. I am planning on moving out of state in a few months to move in with fiance, how will this effect the BK?
4. Since I am moving and will be changing jobs, working in another State, how will this effect the BK?
5. I don't want to keep the house, if I do file, because of moving. How will this effect the BK?
6. Are medical bills included in the BK?


Hi there -

The biggest questions I see here are in regards to the house you currently own and are paying on, and the move to another state.

It's not a good idea to file and then move - BK is filed by jurisdiction, which has everything to do with where you live. And every state has exemptions you can use, which will usually allow you to keep your car (provided you don't own a Jaguar or something like that) - and those exemption levels vary from one state to another.

I would seek the advice of a bankruptcy attorney in your current state, ask them the questions you have here, and advise them that you are moving to another state, but you just want to get some general questions answered.

I can answer a couple of the other questions as well - the medical bills can be included in the BK, as well as the payday loans.

As far as the house, again, that's a question for the attorney, but I'm sure one our other members can also shed some light on that matter as well!


Submitted by SUEBEEHONEY70 on Mon, 04/27/2009 - 17:08

SUEBEEHONEY70

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can I file payday loans on my chapter 13


Submitted by on Thu, 05/21/2009 - 07:38

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