Legal Question in Bankruptcy in Illinois

Chapter 7

I am married and have credit card debt of approx. 60K. This is under my name only. I have two cars that are registered under my name and I am thinking of filing Chapter 7. I owe approx. 8K on each car. There is no equity on one of the cars, and about $1500 on the second car. This one is used by my husband for work. Will we be able to keep both cars if I file individually for Chapter 7?


Asked on 3/06/05, 11:20 am

1 Answer from Attorneys

Kevin Plachta The Law Office of Kevin F. Plachta

Re: Chapter 7

There are several issues here that you need to discuss with an attorney. Although the credit card debt is in your name all or a portion of the debt might not be dichareable if it the cards were used to provide for the basic necessities of your family. So if you bought items for the house and food or used them to pay cable bills or other household bills then your husband will need to join in the Bankruptcy.

You might beable to keep the cars but you would have to reaffirm on them---remember the trustee who will be appointed to review your bankruptcy plays a major role in all of this as well as your creditors.

To be honest the first thing you have to figure out is how did you rack up 60 thousand in credit card debt and even if you do file for bankruptcy what steps are you taking in your life to make sure you do not face this type of financial crisis in the future?

Bottom line is you need to sit down with an attorney to discuss your options and starting talking to a financial planner.

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Answered on 3/06/05, 11:46 am


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