Chapter7 need advice please

[ladytrdriver]

What is the name of your state?TN
HI MY husband got in trouble with credit cards and done a valutary repo on a truck he let it go back . HE retired last year and he draws a very small check . OK the Question is HE has filed chapter 7 on all his old bill cause for the last 3 years he hasn't filed for credit or anything and me his wife I make all the income since then . THE court is not to happy cause the house is the only thing he has and he refirmed it . They do not like that all the money is made in my name and he is retired . So they are checking into us deeper to see if we are hideing anything (witch we are not ) . BUt can you tell me what is going to happen now . IF they dont give him the chapter 7 can they come after my income Im a independent truck driver . MY name is not on the house and is not on any other suff that he filed on .

 

[Ladynred]

The Trustee may not like it that you are the sole breadwinner, but if you're not hiding anything, there's nothing to worry about. This scenario is more common than you might think, especially with more and more older people filing bankruptcy. Your income is involved because they do look at household income, but you are not responsible for HIS debts and they can't force you to pay them. He can't pay them out of his retirement and that's what really matters.

Did you file by yourself or do you have a lawyer ??

The Trustee will find that you're telling the truth, he/she may request some additional documentation from you, such as bank statements and tax returns and who knows what else. Give him/her everything asked for and you should be fine, you just have to wait, which would make anybody nervous. If there's nothing for the Trustee to 'find' then his case will move forward.

 

[AttorneyOney]

The trustee may be under pressure from the US Trustee to identify cases that "ought" to be 13's under some formula or quota system. LIR is right on the money when she says to just tell the truth. What may happen (not saying it will) is that someone may file a 707(b) motion to dismiss the 7 because there's too much disposable income in the household. At that point, only a lawyer would be able to save the 7 case, and the lawyer will not be pleased to be called in to cope with an emergency. (And may not be able to do anything in time.) Especially with real property in the picture, it's essential to consult a bankruptcy lawyer early rather than late.

 

[ladytrdriver]

motion 707b

This is what happen someone did file a motion 707 b and the only one I know it could be was the IRS . I told the lawyer to not put that in there but he had to and it has created the problem in my beleaf. We are just waiting to see what happens . Is there any way they can touch my income the Wife?

 

[ladytrdriver]

the 707 b motion

Yes soon as they asked for the bank statements and the taxs for the last 3 years .I hurried them to the lawyer . NOw just waiting nervous . The only thing I wanted to keep was the house its in my husbands name and I help him pay for it cause its 50 50 right . The lawyer didnt like that my husband didnt work 2003 and I had to give him the form showing how much the ss was he drew witch was not very much and that all the income was under me . If worst comes to worst with him filing all they can do is attach the house right and we owe another 25 years on it and hes 63 years old and if he dies before me i would be left worring about it right ?