Question
Can I file for bankruptcy based on my situation?
I pay $860 a month. My work is in construction. I have been struggling for 4 years. My standard of living has declined significantly and hers is better than ever. When I am out of work my unemployment barely covers my mortgage and I end up starving! I can't take my kids like I want to because I can’t afford to feed them which hurts me terribly. I need help because my dept. has increased to the point I need bankruptcy. And fear I may lose my home soon.LawQA.com Answer Library
Answered By: Law Offices of Christopher L. Hoglin, P.C.
Yes, Chapter 7 BK was created for situations like yours.
Answer Applies to: California
Replied: 10/3/2011
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Answer Applies to: California
Replied: 10/3/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
Bankruptcy may be a good solution for you to wipe the slate clean of the bills that you can get rid of and put you in a position to handle bills going forward.
Answer Applies to: Indiana
Replied: 9/29/2011
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Answer Applies to: Indiana
Replied: 9/29/2011
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Answered By: Janet A. Lawson Bankruptcy Attorney
You must see a lawyer, then file a bankruptcy and get your support modified.
Answer Applies to: California
Replied: 9/29/2011
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Answer Applies to: California
Replied: 9/29/2011
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Answered By: Jackson White, PC
You don't specify, but it seems like the $860 you pay monthly is child support. You can file bankruptcy, but you can't get rid of the child support debt. I would advise you to speak with a family law attorney to see about possibly reducing the child support.
Answer Applies to: Arizona
Replied: 9/29/2011
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Answer Applies to: Arizona
Replied: 9/29/2011
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Answered By: Caruso & Diaz L.L.C.
You can file for bankruptcy. There are factors that would have to be taken into consideration such as if your house has equity and you can afford your mortgage payments going forward. Based on the information you gave there are a lot of variables that need to be accounted for.
Answer Applies to: New Jersey
Replied: 9/29/2011
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Answer Applies to: New Jersey
Replied: 9/29/2011
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Answered By: The Law Office of Darren Aronow, PC
Yes, the idea of bankruptcy is to give you a fresh financial start and get rid of your debt. Bankruptcy may not resolve other issues in your life but it will resolve the debt. Also, depending on what district you are located in, many of the NY courts will allow you to try to get a loan modification during your bankruptcy which may help alleviate high mortgage payments.
Answer Applies to: New York
Replied: 9/29/2011
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Answer Applies to: New York
Replied: 9/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Carballo Law Offices
No one can tell you if you should file for bankruptcy unless you first have an office consultation with a local bankruptcy lawyer and provide the lawyer with all the income, expense, debt and property information required for the lawyer to give you an informed, professional opinion as to the best option for you.
Answer Applies to: California
Replied: 9/28/2011
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Answer Applies to: California
Replied: 9/28/2011
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Answered By: Guardian Law Group PLLC
Yes you can file bankruptcy which would eliminate your unsecured debt and allow to decide how to handle your secured debts. It will not change child support, tax debt or student loans. If you need to adjust your child support you will need to get a support modification.
Answer Applies to: Utah
Replied: 9/28/2011
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Answer Applies to: Utah
Replied: 9/28/2011
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Answered By: Attorney at Law
Your situation sounds like you would benefit from a bankruptcy.Even though you will continue to be obligated for the child support payments, if you can get rid of other debts that might make life a little easier for you. Good luck.
Answer Applies to: Virginia
Replied: 9/28/2011
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Answer Applies to: Virginia
Replied: 9/28/2011
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Answered By: Lewis Adams and Associates
Yes, but to know which chapter, more information would be needed, such as income, equity in the home, etc.
Answer Applies to: Utah
Replied: 9/28/2011
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Answer Applies to: Utah
Replied: 9/28/2011
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Answered By: Law Office of L. Paul Zahn
You may well qualify and benefit from a bankruptcy.
Answer Applies to: California
Replied: 9/28/2011
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Answer Applies to: California
Replied: 9/28/2011
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Answered By: Dearbonn Law Offices
Yes, you may file bankruptcy but that will not prevent you from losing your home.
Answer Applies to: Washington
Replied: 9/28/2011
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Answer Applies to: Washington
Replied: 9/28/2011
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Answered By: Heupel Law
The best thing to do is to call a bankruptcy attorney to get help. We can put your fears aside. If you do nothing, then you'll certainly lose your home. Our firm is offering a "$0 money down" chapter 13 so call today to see if you qualify.
Answer Applies to: Colorado
Replied: 9/28/2011
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Answer Applies to: Colorado
Replied: 9/28/2011
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Answered By: Law Office of Xochitl Anita Quezada
It sounds like you may qualify for a chapter 7 bankruptcy. A chapter 7 can eliminate your debts and allow you to start over again. Qualification is based on income. If I am reading your question correctly, you state that you earn $860 a month. If this is the case, then you can definitely fie a chapter 7.
Answer Applies to: California
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Robert P. Taylor
Well, I don't know how much $ you make from your question, so I can't say for sure. In order to qualify for a Chapter 7, you need to make under a certain amount of money for the past 6 months (this is known as the means test). If you make over the set dollar figure, you can deduct certain expenses from you income and you may still qualify. The big deductions are mortgage payments, child/spousal support, health insurance and taxes to name a few. You need to sit down with an experienced attorney (get a free consultation) and lay out the numbers. It may be that you qualify now or that you will in the near future. A lot of qualifying for bankruptcy is just about timing. Good luck!
Answer Applies to: California
Replied: 9/28/2011
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Answer Applies to: California
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Eliza Ghanooni, Attorney at Law
You may qualify for a chapter 7 bankruptcy. However, you should speak with an attorney so that your entire financial situation can be assessed.
Answer Applies to: California
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ashman Law Office
Your post is confusing as it intermixes your children and debts, but anytime you are struggling with debt, the wisest thing to do is to meet with a lawyer to evaluate your options, which may include both bankruptcy and child support modification.
Answer Applies to: Georgia
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Schreiber Law Firm
You do not provide enough information. What is your monthly gross income? What expenses do you have for mortgage, car payments, etc. What assets do you own? What other debts do you have? I am assuming the $860 you are referring to is child support. If the question is whether you can file bankruptcy and get rid of the child support obligation, the answer is no.
Answer Applies to: California
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Cohen & Kendziorra, P.A.
If you're outstanding debts exceed your income, then bankruptcy is an option.
Answer Applies to: Florida
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 9/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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