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Bankruptcy over fraud?


Stay at home mom
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Long story short I received a summons that I was being sued went to the pretrial and now I have a set court day. I wasn't going to fight it. I was pretty sure it was not mine.    I looked at my credit report and noticed a whole bunch of accounts some with very high dollar amounts.  I disputed the mall on my credit report and set up a fraud alert. It showed the last month that a payment was made on the accounts. Almost all of them showed the same month which coincidentally is the same month one of my parents passed away.   I don't want to do further into this I already know the outcome. It's not going to be something I want to do. My question now is how much do I need in debt to file Chapter 7 bankruptcy and will they try to come after my husband's cars even though they have a large loan to them? My dad owns the house I live in so I'm not worried about that.  I'm also not bringing fraud up to the bankruptcy lawyer I'm speaking to this coming week.  I don't want to run her name through the dirt after she's passed and it just seems like it would be far-fetched because what parent would do it to their kid. Even though I'm sure it's happened. Please give me any information that you would have the top your head about bankruptcy when someone has no job or owns anything but is married to somebody that has a 401(k) retirement plan vehicles and his own possessions.

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First...be completely honest with your BK lawyer.  Ask his advice regarding the possible fraud.  I say that, because in some states, if you're married, all assets of the household must be considered.  The fact that your father owns the house you're living in might also be a problem.  There is a "means test" that determines whether you qualify for a BK 7, and all of these things may need to be considered.

Ask your lawyer...you might even talk to a couple until you find one you're comfortable working with.

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When I say parent I don't mean the one that married my father. So I think the house is pretty much safe. Aside from that nothing in the house belongs to me besides my clothes. Even that I didn't pay for.  I haven't held a job in almost a decade. I'm kind of like getting blood out of a turnip. Unless they would come after my husband he's got a lot to lose.

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53 minutes ago, Stay at home mom said:

When I say parent I don't mean the one that married my father. So I think the house is pretty much safe. Aside from that nothing in the house belongs to me besides my clothes. Even that I didn't pay for.  I haven't held a job in almost a decade. I'm kind of like getting blood out of a turnip. Unless they would come after my husband he's got a lot to lose.

This is your second thread.  You really need to seek the advice of a consumer/BK lawyer.   You don't want to do this alone.  In your other thread, I gave you the name of a lawyer who is also a member and practices BK law.  And you can always go to www,consumeradvocates.org.   But do get professional legal advice from someone.

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7 minutes ago, Stay at home mom said:

I did go to a legal aid and I am going to a bankruptcy lawyer Thursday. I'm asking for advice now so I know what I'm dealing with later. My original thread was not about bankruptcy.

I know you're anxious, but hold off until you speak to the bk attorney on Thursday. 

If it were me, I'd write down every question and concern I have between now and the appointment date and present them to the attorney. 

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