Home     Law Advice     Insurance Advice     Community    
Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Consumer Bankruptcy

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-12-2005, 01:44 AM
Junior Member
 
Join Date: Jan 2005
Posts: 5
Unhappy

Going Hogwild and then Filing BK?


What is the name of your state? Louisiana

I have a friend whose husband recently used personal credit cards to start a business, which did not succeed. He's now closed his business but is deep in debt. He is currently unemployed but plans to get a job in the next month. Because he plans to file BK soon, he has been using his credit cards liberally for necessities as well as many extravagances and luxury items. Once they are maxed out he intends to finish his paperwork and file Chapter 7, and that all of his debt will then just be erased.

My friend does not approve of what her husband is doing but can't stop him. She has made no CC purchases herself and the cards are mostly in his name, though a few are in hers. They are renting out their house, and are living in a rent house themselves. Their two vehicles are older models and paid for.

What I am wondering is what will happen when they attempt to file? Will someone come in to take all of their belongings? (What is typically taken in such a case?) Will they be disqualified from filing? Will my friend be held responsible for the debt that her husband obtains? Can the money from any future job he gets be garnished, or his filing tossed out? My friend is a stay-at-home-mom; can she be required to go to work? My friend and I are very concerned about what the future might hold for them. Any help would be appreciated. Thanks!
  #2  
Old 01-12-2005, 07:21 AM
Senior Member
 
Join Date: May 2001
Posts: 6,455
He runs a huge risk of the bk being dismissed for substantial abuse.
They both need to sit down with a lawyer and get all of their options explained.
  #3  
Old 01-12-2005, 11:43 PM
Senior Member
 
Join Date: Oct 2004
Location: Phoenix, AZ.
Posts: 3,079
He must think the BK courts are dumb, and he is wasting his money... The BK courts require you to submit past CC balances to the court to prevent this from happening...

Basically, he will be caught in what he did and his BK will be denied because he has attempted to abuse the system... He will not be able to file and will therefore suffer the consequences of not being able to discharge his debts...
__________________
Tenant Advocate

"Alaska landlord" has been permanently banned for providing inaccurate, misleading & potentially dangerous advice. Any of AL's previous posts should be heavily verified by a competent Real Estate Attorney.

Quote:
Originally Posted by Number21 View Post
Alaska landlord, please don't reply further to my thread, you'll just turn it into another pissing match.
Quote:
Originally Posted by Alaska landlord View Post
As tenants, you have no credibility.
Quote:
Originally Posted by Alaska landlord View Post
The landlord should not only be allowed to turn off the water, but he should also be allowed to throw OP into the street.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:00 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.