Legal Question in Bankruptcy in Alabama

Collections/Bankruptcy

In 2008, my husband and I had to have our Ch 13 canceled due to a job loss. Our mortgage co. did a loan modification to get us lined out. but we had to let 2 vehicles go back. We now drive a 1994 vehicle and my husband as a new job but does not make near the money he used to. One of the auto companies has told us they have a judgement for garnishment and bank account as well as a lien. Can we now file Ch. 7 or is there something else we can do? We have young children and don't want to lose our home we just can't afford to pay them the monthly payments they are asking for at this time.


Asked on 4/27/09, 3:43 pm

2 Answers from Attorneys
James Seal Law Office of James V. Seal, LLC

Re: Collections/Bankruptcy

Under the bankruptcy code you would have to meet certain qualifications known as a means test. Several other factors apply that can't be deduced from your question. I would recommend you contact an attorney to discuss in more detail.

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Answered on 4/27/09, 3:59 pm
Melinda Dionne Dionne & Dionne

Re: Collections/Bankruptcy

You can probably file a Chapter 7 case. More information will be needed for an attorney to advise you on whether Chapter 7 or Chapter 13 is best under your facts. Please visit our website at dionnelaw.com. There is a great deal of information there about Chapter 7 and Chapter 13. I will be happy to discuss your options with you by phone if you give me a call.

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Answered on 4/27/09, 4:19 pm


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