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A Little Scared


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I just received a letter from a lawyer representing Capital One. They want their money now and I don't have it nor am I going to have it. I have papers to file bankruptcy but I haven't filed yet as I am waiting for my income tax return so it cannot be seized. I was supposed to have it already but I am waiting by the mailbox to no avail. I'm getting really nervous with this lawyer. If they file a a judgement against me can I still report this creditor on my bankruptcy? Can they seize my bank account? I'm filing my bankruptcy on my own, no money for a lawyer. Any advice anyone can give me would be appreciated!!!!! :confused:

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Don't worry. You have time. A creditor can't "file a judgment" against you. First they have to file a complaint. You then have a certain amount of time to answer. Then the case gets set for trial. If you answer the complaint on time, the creditor must win at trial (or by winning a dispositive motion) to get a judgment against you.

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Yes, anything you own or forthcoming must be disclosed on the schedules. All states have a certain amount that can be exempted so you'll have to research what your state allows and if by chance you own property you should definately consult with an attorney before filing.

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I do own property but was told I could "reaffirm" this house and "surrender" other house that I am on. Ex-husband and I own the house he is living in. Ex-husband is not aware that I am filing and I would like to keep it that way. I did obtain info on other house by pulling up a credit report so I could get the mortgage information without telling him. I feel like I am in over my head but when I did call a lawyer (several) it was just too much money. One lawyer did answer some questions for me but he was very vague when I asked for specifics. I want to keep the house I'm living in. I have not been late on any of the payments and will continue to make all payments. Again, any advice is surely appreciated.

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One thing you might want to do is see a lawyer that specializes in bankruptcy work and ask whether you really do need to file. If you have the paperwork ready, and you are well-organized, you could probably keep the cost to a minimum. I am not a bankruptcy expert, but I often hear the experts say you do not want to file unless you absolutely have to.

Good luck.

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Oh boy, it's hard to file bankruptcy and keep it a secret. Most communities publish filers in newspapers and of course anyone with Internet access can look up the filings and they're imaged for twenty years. (Be aware that SSI numbers are also now in the public domain). Houses can be reaffirmed, but it depends on the exemptions allowed in the state where you live and how much equity in the house, if any, you would be allowed to keep. If the home is only worth what is owed on the mortgage after reasonable selling costs, then there should not be any problems. If for instance it's a $100K house and $50K is owed, then the equity would be about $50K. While the mortgage can be reaffirmed, the equity must fall within the homestead guidelines of the state where you are filing. (Texas & Florida have unlmited exemptions so if you happen to reside in either of those two states, a lawyer may not be necessary, otherwise, most definately retain a lawyer before filing!

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I filed for BK in 98. I didn't tell my husband or anyone because I was too ashamed. I became ill 8 yrs ago and had to stop working. So of course, I couldn't pay my bills. The house was not in my name so I didn't have to worry about that. I finally got the courage to tell my husband a few months ago. Besides we were applying to refinance our house and I knew that he would find out. Now the house is in both of our names. So just because you file for BK, it doesn't mean that your husband/X-husband will find out.

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