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Chapter 7 Questions

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LisasCraftiques

Junior Member
What is the name of your state (only U.S. law)? North Carolina
I have met with a lawyer recently and he suggested filing chapter 7 because I personally have low income and the fact that my mortgage would have to paid through the courts if I filed a chapter 13. I am married and my name is on the mortgage. Our cars are under my husbands name. I am concerened about the "liquidation" of assets. I am in debt from a business that didn't work out and am filing alone. All the CC debts, loans and my lease are in my name alone.
If I file for chapter 7 as an individual will my creditors turn around and sue my husband? Will the trustee look to take the money out of our joint bank accounts? What about the tax return that was just deposited? It was money from my husbands W2 since i had operated at a loss.

Also, I have taken my left over inventory and put it in an antique mall. It is basically crafts, some painted furniture and vintage items. Not High End antiques. I would really like to keep selling in the antique mall (haven't made a profit since last October) but am worried the trustee will take it all. My lawyer said they may not be interested in it because it has benn so hard to sell but still. If they do want to consider my inventory an asset how do they go about selling it off? How and where does that happen? What is the process?
Could some of be claimed as personal exempt property?
 


bigun

Senior Member
Unless your husband is a joint signer on any of the debt, nobody can come after him for payment.
Your portion of a joint bank account may be at risk of seizure by the trustee unless, your lawyer can exempt it.
Since, you've not filed bk and are not under the thumb of a bk trustee then, the refund is yours to keep. This is considered an asset and if your lawyer can't exempt it, you'll likely need to spend it down before filing. Paying your bk lawyers legal fees is an acceptable use of the funds.You need to ask your attorney some specific questions about what joing asets may be at risk.

Trustees want things that can sell easily. What you have sounds like they'll abandon it back to you. If they don't-so what? Once your bk is discharged and closed you can buy some more stuff that doesn't sell to replace what was seized.

North Carolina Bankruptcy Exemptions NC Bankrupcy Exemtions
 

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