Legal Question in Bankruptcy in South Dakota

Bankruptcy?

A little Background:

I am a full time student-going to class nearly 40 hours a week. I am getting married in 3 weeks and in the last month I have racked up nearly 20,000 in medical bills spread out over 5 places.

I also have about 3,000 in credit card debt that has been charged off. Obviously I've realized that I've screwed things up pretty bad here--I just don't know how to get out from under it.

Can I file bankruptcy for protection from these things and not mess with my school loans that are in deferment? Also, I have a car loan that will be paid off in December(which my father is paying as he is the cosigner) that I don't want effected by this.

What impacts on my fiance will these bills have? Can they start going after her once we are married? I don't want to have her get sucked into all of this too.


Asked on 9/28/07, 12:41 am

1 Answer from Attorneys
Jim Craig Craig Law Office

Re: Bankruptcy?

First, debts incurred before marriage have no impact on your fiance.

Second, As a full time student, you may be judgment proof at this time. (Even if they get a judgment against you, they cannot garnish non-existent wages, and the value of your personal property is minimal.)

The first thing to do is visit with a credit counselor. LSS Consumer Credit Counseling is great.

The second thing you need to do is to protect yourself from future trouble by obtaining health insurance. A bankruptcy only relieves you of past debt; you need protection to keep this from happening again.

Finally, your student loans are non-dischargeable in bankruptcy. Filing a bankruptcy case should have no impact on obtaining future student loans to complete your education.

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Answered on 9/28/07, 12:17 pm


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