Legal Question in Bankruptcy in California

bankruptcy only solution?

My boyfriend was unemployed for over a year and a half, and he did not make one credit card payment during that time. One creditor is threatening to sue. Does he have any other options than bankruptcy, and if not, what would be the repercussions of filing?


Asked on 2/02/04, 7:41 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: bankruptcy only solution?

Since your boyfriend is working again, he might be able to begin paying down the creditors. There are non-profit agencies that will handle debt consolidation and work with the card companies to reduce payments and interest rates. Be careful when selecting one, though. Check them out thoroughly.

If he should file for Chapter 7 bankruptcy, it would stay on his credit report for up to 10 years, and he would not be able to file another for at least 6 after the discharge. It will wipe out most -- if not all -- unsecured debt (credit cards, medical bills, personal loans), and even some back taxes under the right circumstances.

If he's going to do bankruptcy, he might do it sooner, rather than later. Congress is once again talking about socking it to the consumer and changing the law to make it more difficult for people above a certain income level.

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Answered on 2/02/04, 10:05 pm


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