Can we be forced to give up our cell phones or cable tv if I file for ch. 7 and my husband does not.

3 views 5 answers
I have about $9000 in credit card debt. I have been paying on a debt management plan for 5 months, but the payments are tight. My husband has credit cards in his name. We are both on the mortgage. I had my student loans forgiven due to disability. I've had to take out pay day loans to make ends meet. We own 2 2007 cars that we use to get to and from work. I collect social security disability benefits and make around $600 a month. We own no property except our home. Our cell phone bill and cable bill are quite high, but not as high as credit card payments

Attorney Answers

5
Burton Gross ·
This is a bankruptcy question and has nothing to do with family law.
0 upvotes
Richard Granvold ·
First, I would consider giving them both up and obtaining cheaper plans as in the long run there is always a cheaper plan. Second you did not state whose name the plans are in. If yours you must list no matter what as all debts must be listed of yours. Third, because you are asking that question implies to me you have not sat down with an experienced bankruptcy attorney and you want to and really should do that. Many issues and facts can affect if you should file and when , I point those out next for you. Sorry about the disability. You need and want to enjoy your fresh start also. But the most important thing is to meet with an attorney as you asking this question means you have not. You care about 2 goals: keeping everything you have equity in and discharging all your debts. If you don't have any of the exceptions to discharge you will obtain that goal; most exceptions are set forth in 11 USC. 523 (Google it) like child support, some income taxes, traffic (in a ch 7) and criminal fines , and presumption of student loans. But some debts are dischargeable in a ch 13 but NOT in a ch 7 so you want to make sure and your attorney will discuss any such types with you also! Your exemptions depend on what state you have lived in in the last 2 years and thus if in your state, then your states exemptions will apply. Most persons filing keep everything they own but your attorney will confirm that with you when they learn everything you own and the equity thereof! Some secured debts like homes, vehicles, other secured debts an attorney will discuss your options on also as you must list any debts; but that does not mean you will lose them unless you have too much equity or are in default on paying for them! Discuss those options if they apply with your attorney too. But other issues can arise that can greatly harm your case. Just one example: If you paid back a relative $3,000 11 months ago and now file bankruptcy next week, the trustee can SUE that relative to retrieve that $3,000 (under what is called a preference) for the benefit of the bankruptcy estate. As a result, most attorneys don't charge to meet with them the first meeting so meet with one no matter what. Many great attorneys can be found right here on in your state so look, call, and meet one as soon as you can. You should also want to know when to file: is there an advantage of waiting versus filing now and who should you pay between now and then! Good luck and enjoy your later fresh start.
0 upvotes
Wesley Scott ·
No- nobody can force you to give up your cell phone bill or your cable bill. This is not legal advice- please call a local bankruptcy attorney immediately! Good luck!
0 upvotes
Henry Repay ·
While some considerations are fact specific, it is not likely that you will have any issue with the cell phones or cable bill. That said, the scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) household income information for October 2015 through the present, including wages and unemployment during that period; (2) all your bills and collection notices (copies neatly assembled, back pages included); (3) last two years’ tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.
0 upvotes