I am married but I live separate from my husband. We live in two different towns in Oklahoma. We keep our finances separate and only my car is in both our names. I pay the car loan myself. My husband’s name is considered the primary borrower and I am considered the co-borrower. I was planning on reaffirming my car loan so I could keep my car. I would like to know if I file for bankruptcy do I have to enter my husbands income for the means test? Also if I file bankruptcy will it affect my husbands credit negatively?
After looking around I found this:
‘Married, not filing jointly, with declaration of separate households’: By checking this box, the debtor is literally declaring, under penalty of perjury, that “My spouse and I are legally separated under applicable non-bankruptcy law or my spouse and I are living apart other than for the purpose of evading the requirements of § 707(b)(2)(A) of the Bankruptcy Code.” This means that the debtor should be prepared to testify under oath, and to also document the fact if requested to, that the non-filing spouse’s income is truly not available to contribute toward the debtor’s expenses, and that the debtor is not merely pretending to be separated so as to exclude the spouse’s income from the means test calculation.

Technorati Tags: bankruptcy code, bankruptcy law, car loan, co borrower, debtor, households, means test, penalty of perjury

I want to deal with the credit card company (original debtor) and not the collection agency. Can I still do that, or has the credit card company already relinquished its rights to the debt?

Technorati Tags: credit card company, debtor

I recently recieved a notice of Ch. 7 bankruptcy case and meeting of creditors from a bankruptcy court. The property manangement company and owner of the house I rent is filing and I may be a creditor of the debtor. Do I continue to pay rent if they have filed bankruptcy? Will I get my sustantial deposit back? What do I need to do?

Technorati Tags: bankruptcy case, bankruptcy court, ch 7, creditor, debtor, meeting of creditors, property manangement

Or is it pointless to settle this debt. It is 3000 dollars and 5 years old. The SOL in my state is 6 years, and I’m considering paying it because i need to help my credit. I cant get accepted for anything because of this. So my question; if i pay it, am I going to help my credit, or should I just let it be?
So if i pay it will the seven years start over from the time i pay it? Also ive heard its different if you pay the full balance versus negotiating the debt down. Is this true?
well thanks guys, there is some conflicting info here. Im confused now. It is not the original debtor it is a debt collecter. they sent me a summons to respond, (not to respond). So im thinking i’ve got to deal with this anyway

Technorati Tags: 6 years, debtor, seven years, sol, summons, well thanks

I have about 00 in credit card debt (between 4 cards). How do I go about settling with each debtor for a % of the total amount owed on each card. Since it is tax time I just want to get rid of this debt and start fresh. Would settling bring up my credit score any? I need help? What would be the best way rid this debt!!!
I recently lost my job to downsizing.

Technorati Tags: cards, credit card debt, credit score, debtor, downsizing, job, tax time

I am waiting for my attorney to get back to me next week. In the meantime if anyone knows the answer to this, I would really appreciate it. I have already filed and had my court date for my Chapter 7 bankruptcy. My Chapter 7 bankruptcy will be finalized on January 30 2007, and I will be released of all unsecured debt.
On my "Debtors Statement of Intention" document, we put "Surrender" for my car, and that’s exactly what I’m doing with it.
For my house we put "Exempt" which made the equity exempt and allowed me to keep the home without a forced sale. The problem and question is with my home. The mortgage company’s lawyer is pressuring me to "Reaffirm" by January 30. She says of I don’t sign the reaffirm agreement then it will default to "Redeem" "Redeem" seems to mean pay a lump sum or surrender the property? The question is; Is a Chapter 7 debtor’s home mortgage limited to reaffirmation, redemption or surrender, after Exempt? My attorney says there is a 5th choice, do nothing.

Technorati Tags: chapter 7 bankruptcy, debtor, debtors, home mortgage, lawyer, lump sum, mortgage company, reaffirmation, redemption, statement of intention, unsecured debt

I am looking for an existing Debt Collecting Agencies to help me settle my uncollected account payable from my debtor that refuses to pay. Please help me. Thank you so much.

Technorati Tags: debt collecting agencies, debtor

When filing chapter 13 bankruptcy, when the court determines the payment the debtor must make, does the payment increase if the debtors income increases?

Also, if after the bankruptcy decision is made and I sell my home, do I have to pay any profits made toward my debt, or can I put that money into a new home?

Technorati Tags: chapter 13 bankruptcy, debtor, debtors, filing chapter 13 bankruptcy, income increases, money, profits

I have an outstanding debt with a CC company. They have already filed suit against me. I cannot afford an attorney so I have tried to correspond as best as I am able, but I find myself hopelessly tardy in getting all the correct documents to the right people and to the right addresses.
So I figured I would send them a formal letter stating that I am willing to settle. I don’t know how to word this letter. I am unsure of the legal jargon needed to address the law firm. I also don’t know what amount to offer them. Does this letter have to be officially served?
The total amount of the debt is 42.90. This amount includes all the "FEES" assessed by the creditor. Obviously this is not the amount they will ask for once a judgment is issued against me for legal fees court etc…… I know that the original debtor was willing to negotiate with me, but I was in a near Fatal car crash and was unable to deal with any type of billing issues, much less
anything else.
Please help……. Thank you

Technorati Tags: billing issues, cc company, correct documents, creditor, debtor, fatal car crash, formal letter, judgment, legal jargon, letter stating that

letter to settle with a debtor for a lower amount to get out of debt.

Technorati Tags: debtor

Such as a letter to settle with a debtor for a lower amount to get out of debt thanks
Couldn’t find one on dogpile.

Technorati Tags: debtor

Such as a letter to settle with a debtor for a lower amount to get out of debt thanks
Couldn’t find one on dogpile.

Technorati Tags: debtor

You have signed an autoloan of ,500
It was actually for a car that was at a big time scam car rental place , so the car appraised for less than ,000
and no dealer would take it as a trade in.
If the auto finance place wants to do a writ of execution, can they do this after bankruptcy, and what exactly is involved in doing a bankruptcy yourself ?

Do you just file lawsuits for each debtor and see if they show up or what is the procedure?

The fact that the car did not run the whole time the person had it, and the person put so much $ into it to try to get it running in addition to the monthly payments for the car along with hospital bills has lead someone to want to declare bankruptcy,
*CORRECTION- NOT "CAR RENTAL" place, but "CAR DEALERSHIP" excuse me
If our car was repossessed can this stay on your credit after bakruptcy

Technorati Tags: auto finance, autoloan, bankruptcy, big time, car dealership, debtor, hospital bills, lawsuits, whole time, writ of execution

I was thinking about this the other day, I used to work in collections and couldnt figure it out. It takes what 7-10 years for bankruptcy to age of your credit, the normal statute of limitations is (in my state) 6 years for credit card debt and 10 years for car notes and such. Why would someone file bankruptcy when it costs so much when they can wait it out? Also if the debtor gets a judgement against them does the creditor always put a body attachment out like they do in small claims personal suits?
Thanks

Technorati Tags: 10 years, 6 years, bankruptcy, car notes, collections, credit card debt, creditor, debtor, judgement, personal suits, small claims, statute of limitations