Legal Question in Bankruptcy in Connecticut
Candidate for Bankruptcy
Would my wife and I be a Candidate for Bankruptcy. We have zero assets, no property, live with our daughter. IRA and retirement funds are gone as of Oct. 2001.
Are liabilities are about $80,000 in assorted credit cards and one monthly car payment. Presently we are using one credit card to pay another. What are our drawback of filing, what title would that be, 7 or 13. When creditors call, should we tell them we are considering bankruptcy.??
Thank You
1 Answer from Attorneys
Re: Candidate for Bankruptcy
Yes, would would be a candidate for a Chapter 7 bankruptcy. It appears that it is not mandatory that you file a bankruptcy, creditors cannot levy (seize) any of your assets, but the constant telephone calling, law suits, etc. would not stop unless you file a bankruptcy petition. I presume that the surplus of income over expenses is not large (particularly because you have decided to live with a relative) so that you could file a Chapter 7 case. With $80,000 of unsecured debt, it certainly makes sense.
At the present time, the principal draw back will be the effect on your credit. At this point you would have a hard time obtaining a credit card (probably the last thing that you want to obtain)and it will make it more difficult to buy a car for 6 - 12 months and a house of at least 2 years. But at this time, with this amount of debt, your credit is probably not very good. Also you can only file a bankruptcy once in 6 years. Without knowing more details about your assets, I cannot be more specific.
If you make the decision to file, then I suggest that you discuss this with an attorney, you can certainly tell your creditors that you are thinking of filing a bankruptcy petiton, they cannot stop you from filing.
Good Luck.
Joel Grafstein
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