Credit Card Debts

[Jorgebi143]

Orlando. My question is about my brother. He has cancer and he just found out a little over a month ago and now is in the process of getting his chemotherapy, etc. I am concern in regards to his credit cards debts. He ows at least $21,000.00 but now can't afford his monthly payment due to he is not able to work due to he is being treated right now (chemotherapy, etc) and we don't know for how long he is going to be okay and will be able to work again. He is thinking about filing bankruptcy but is worried because he own his only home, an old mobile home, and an old car. He thinks that if he file bankrupcy that his mobile home will be taken away and that he will be homeless. Please advice.

Sincerely,

-Tata-

 

[LdiJ]

Orlando. My question is about my brother. He has cancer and he just found out a little over a month ago and now is in the process of getting his chemotherapy, etc. I am concern in regards to his credit cards debts. He ows at least $21,000.00 but now can't afford his monthly payment due to he is not able to work due to he is being treated right now (chemotherapy, etc) and we don't know for how long he is going to be okay and will be able to work again. He is thinking about filing bankruptcy but is worried because he own his only home, an old mobile home, and an old car. He thinks that if he file bankrupcy that his mobile home will be taken away and that he will be homeless. Please advice.

Sincerely,

-Tata-

Your brother should get a consult with a local bankruptcy attorney. Its quite possible that if he owns an old mobile home and an old car that he really has nothing to fear. A bankruptcy attorney can best advise him.

 

[Jorgebi143]

Your brother should get a consult with a local bankruptcy attorney. Its quite possible that if he owns an old mobile home and an old car that he really has nothing to fear. A bankruptcy attorney can best advise him.

I will ask him to find a free, if any, local bankruptcy attorney in his area/state.

Thank you so much!

Sincerely,

-Tata-

 

[adjusterjack]

He is thinking about filing bankruptcy but is worried because he own his only home, an old mobile home, and an old car. He thinks that if he file bankrupcy that his mobile home will be taken away and that he will be homeless. Please advice.

Assuming you are referring to Orlando, Florida, his "homestead" is exempt from attachment by creditors (FL statute 222.01 - .05 and FL Constitution 10-4) and his automobile is exempt from attachment up to $1000 (FL statute 222.25) but an automobile that's worth even a couple of thousand is unlikely to be attached because the process is costly and time consuming.

There are other bankruptcy exemptions that can be seen at:

http://www.thebankruptcysite.org/exemptions/florida.html

And Florida Statutes can be seen at:

http://law.justia.com/codes/florida/2014

And I agree that he should be talking to a bankruptcy attorney before making any more harmful assumptions.

 

[quincy]

I will ask him to find a free, if any, local bankruptcy attorney in his area/state.

Thank you so much!

Sincerely,

-Tata-

To start off your brother's search for free or low-cost legal assistance, following is a link to Florida Legal Services, Inc., an organization supported by the Florida Bar Foundation.

http://www.floridalegal.org/

He should be able to find in Orlando some help with his debts so that he can concentrate on what is most important, which is his health.

Good luck.

 

[jwrightis]

Chapter 7 is a liquidation bankruptcy but every person gets to keep property that is worth up to a certain amount. States have their own exemptions and the federal government has some. In a state that allows, you can use either federal or state exemption limits. With that said, it is highly unlikely an old mobile home would be more than the exemption. Example.....I was going to be able to keep a house worth 235 grand because I only had 20 grand equity and I was able to list my newer model Mustang because I only had 2 grand equity in it. Also, he will likely not find a free attorney. Filing fees coat money, and so he will likely pay up to a grand if not more. An attorney may take his situation into consideration and knock off a little. But don't count on it.

 

[quincy]

Chapter 7 is a liquidation bankruptcy but every person gets to keep property that is worth up to a certain amount. States have their own exemptions and the federal government has some. In a state that allows, you can use either federal or state exemption limits. With that said, it is highly unlikely an old mobile home would be more than the exemption. Example.....I was going to be able to keep a house worth 235 grand because I only had 20 grand equity and I was able to list my newer model Mustang because I only had 2 grand equity in it. Also, he will likely not find a free attorney. Filing fees coat money, and so he will likely pay up to a grand if not more. An attorney may take his situation into consideration and knock off a little. But don't count on it.

The Florida statutes and information on Chapter 7 bankruptcies was already provided. But Jorgebi did not post his question in the bankruptcy section of the forum. He is inquiring about the debts of his brother.

Free legal assistance can be available to people with debt problems, depending on their circumstances. It is important to note that bankruptcy is not the only solution available to those with debts - nor should it be the solution looked to first.

In addition, Jorgebi's brother is just starting his chemotherapy treatments. His medical expenses are going to rise. Considering bankruptcy now stands to be a big mistake.