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  1. #1
    Join Date
    Sep 2008
    Posts
    2

    Default Chapter 13 with No Income

    My question involves bankruptcy in the state of: Alabama

    Heres my situation, 6 years ago, I bought a house throught the V.A. , it was a vendee loan & the financing is through Countrywide. Also, at this time I started recieving checks in the mail, real checks that stated if I signed them I could cash them, they were from HFC, at first I was leary but then decided to visit the local branch,I needed money to close on my house. They offered more money at that time, I agreed, feeeling like I was without choice if I wanted to get my house. So, now heres the real dilemma, I have not been employed since shortly after recieving the loans, I had twins that yr. My husband(common law) has worked full time & covered all the bills.His name is on nothing. Well about a 1&1/2 yrs ago,
    he changed jobs & financially we got strapped, so I called hfc, to try to work out some kind of arrangement, they told me to send my bank statements to them & they would see what they could do, my average balance was enough to cover all my bills monthly, I just needed them to reduce the interest as it was 29% , my payments were around $300 a month with the majority of that going only to interest.After my husband drove 35 miles with all my bank statements for a yr, they said they couldnt do anything, time rolled on & they harrassed me constantly, & eventually I got courrt papers & there was a judgement, with a lein put on my house. Now, I want to file chapter 13, I only owe 9 yrs on my house & 2 on my car, but have other unsecured debts that are killing us to pay monthly, without a job, can I do this? Is there any way to use my husbads income without him being involved, I know he doesnt have to file with me, but if his is the only income , how can I legally claim part of his income to satisfy the court ,without him being on the papers? Since we are not legally married, but have filed a joint tax return for 15 yrs, is that gonna play any part in it? Any help would be greatly appreciated, I do plan to see a bk lawyer, but would like a little knowledge beforehand on how to do this & NOT file chapter7. I do not want to lose my house or car, but the payments are soo high that filing chapter 7 & reaffirming would not be of any help to me?? Thanks in advance

  2. #2
    Join Date
    Sep 2008
    Posts
    2

    Default Re: Please?

    Also, since the mortgage was initially through the VA, can this debt go through chapter 13 or are there any provisions disallowing this?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Please?

    You can't enter a Chapter 13 repayment plan if you aren't able to repay anything.

    If you have a valid common-law marriage under Alabama law, you're married.

    See if you can get a free consultation with a bankruptcy lawyer to discuss your options.

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