Which bankruptcy should I file? 32 Answers as of July 08, 2013

My husband is on Social Security. I have a pension and retired after 32 years of service but am still working part-time as a nanny. Now we lost our home and have about $44k in Credit Card debit and 8,000 dollar student loan. Which should I file?

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Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
Need more information but try for chapter 7.
Answer Applies to: Maryland
Replied: 7/15/2011
Benson Law Firm
Benson Law Firm | David Benson
It may be that you don't have to file bankruptcy at all. Social security income and qualified retirement income is exempt from garnishment. In Ohio, all that can be garnished is 25 percent of your income. But you should seek a free consultation with a competent bankruptcy attorney.
Answer Applies to: Ohio
Replied: 7/15/2011
Tucker Legal Clinic
Tucker Legal Clinic | Samuel Tucker
File a Chapter 7. The student loan is probably eligible for discharge.
Answer Applies to: Mississippi
Replied: 7/15/2011
Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
It depends upon the total income you are both receiving from SSI, pension and part time work. Generally the income cut off for two people is approximately $62,000 annual, but you still may qualify for ch. 7 discharge if you can pass the means test or have other dependents in the household, which raises the income limit to qualify for ch. 7. I would most likely recommend filing though, since you have a lot of debt to resolve.
Answer Applies to: California
Replied: 7/15/2011
Scott Leslie Taylor Attorney at Law
Scott Leslie Taylor Attorney at Law | Scott Leslie Taylor
Most likely a Chapter 7 but you will need to consult with an attorney first to be sure.
Answer Applies to: Washington
Replied: 7/15/2011
    Guardian Law Group PLLC
    Guardian Law Group PLLC | C. David Hester
    Unlessyou have more than $40000 in home equity, other real estate property with equity and/or vehicles with a lot of equity, Chapter 7 would be your best type.
    Answer Applies to: Utah
    Replied: 7/15/2011
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    Most likely Chapter 7 but you would really need to meet with a qualified bankruptcy attorney to make that determination. Often a Chapter 13 will deliver more in the way of real life savings even if you qualify for Chapter 7.
    Answer Applies to: Oregon
    Replied: 7/15/2011
    Law Offices of Iman Abouelazm, P.A.
    Law Offices of Iman Abouelazm, P.A. | Iman I. Abouelazm
    The 2 types of personal bankruptcy are Chapter 7 and Chapter 13. It is usually not an option which one to file for, but rather which one you qualify for. Generally, if you have not filed for a Chapter 7 in the last 8 years and your household income is under the median income as determined by the IRS, then you qualify for Chapter 7. However, if your income is over the median income and you cannot pass the means test, then you do not qualify for Chapter 7 and must file a Chapter 13. There are other factors that determine your eligibility for each type of bankruptcy. ** This is a general answer to your question. It is best to consult with an attorney about your specific situation and goals for the most accurate and reliable legal advice. Good Luck!"
    Answer Applies to: Florida
    Replied: 7/15/2011
    Ariano & Reppucci
    Ariano & Reppucci | Chris Ariano
    The decision on which Chapter to file depends mainly on your income and assets. Based on what you described it sounds as if you should file a Chapter 7 bankruptcy. However, if you have property that could be lost in a Chapter 7 you may want to consider Chapter 13. Please contact me if you would like to discuss further.
    Answer Applies to: Arizona
    Replied: 7/15/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    I would need allot more information to answer that question. See a bankruptcy attorney.
    Answer Applies to: California
    Replied: 7/15/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If you have decided that you need to file bankruptcy, a Chapter 7 will eliminate your obligation to pay any more of your debts. A Chapter 13 will require you to pay back some of the debts from your monthly income for 36 to 60 months.
    Answer Applies to: California
    Replied: 7/14/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Based on the information you provided, a Chapter 7 filing would probably make the most sense. You should discuss the specifics of your situation with an experienced attorney to determine the right course.
    Answer Applies to: Colorado
    Replied: 7/14/2011
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    Chapter seven. Thirteen only applies if you want to pay back debt, usually to save a house. Eleven is for businesses. Twelve is for farmers and fishermen. File the seven
    Answer Applies to: Connecticut
    Replied: 7/14/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    This sounds like a Chapter 7. A Chapter 13 would require that you have regular income that is greater than your monthly expenses and would force you to make payments to your creditors for 3 - 5 years. A Chapter 7, if you qualify, would discharge (wipe out) your credit card debts, but not your student loan debts, and would not require you to make any monthly payments to your creditors. To give you advice, I would need more information about your assets, debts, income and expenses.
    Answer Applies to: California
    Replied: 7/14/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    Chapter 7.
    Answer Applies to: Texas
    Replied: 7/14/2011
    Law Office of Chirnese L. Liverpool
    Law Office of Chirnese L. Liverpool | Chirnese Liverpool
    You would need to speak with a bankruptcy attorney and inform them of how much you both receive on social security/income. They can then advise you on which chapter is best for your situation. With best wishes.
    Answer Applies to: California
    Replied: 7/14/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Chapter 7 to eliminate the debts. Thank you,
    Answer Applies to: California
    Replied: 7/14/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If you are receiving Social Security and a pension chapter 7 may be a better choice than chapter 13. Be aware that student loans are not dischargeable in either event.
    Answer Applies to: California
    Replied: 7/14/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Most likely Chapter 7, if possible (probably is) and if you're local in the Southern California area, feel free to give me a ring.
    Answer Applies to: California
    Replied: 7/14/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    You are probably able to file a Ch 7 but you should verify this with an attorney. It is almost impossible to discharge student loans, but would obviously be easier to pay without additional debt.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    My preference is alwaus for a 7 because it's faster. Socoal security doesn't count fot ability to pay. Unfortinately, college loans, if govt funded, aren't dischargeable if you're able to work and may be easier to handle in a 13. Please see a bk lawyer about your specific facts.
    Answer Applies to: Virginia
    Replied: 7/14/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    I gather you are asking if you should file Chapter 7, 13 or 11? Before I can analyze that I have to look at a myriad of numbers - current and past income, your expenses, your assets, your bills, and recent transactions. Note that student loans are not eliminated. My guess from your post is probably you do a chapter 7. Note that the choice is usually made for you. When one works, your numbers usually make the others not work. Since the laws are complex, and most pro se cases go badly, you want to get a lawyer.
    Answer Applies to: Georgia
    Replied: 7/14/2011
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