Sued, bad-debt, and filing bankruptcy

[hbitez]

What is the name of your state? CA

Could someone help or offer opinions on these ?

Facts:
Married. Just bought a house. House is under my name and husband. Mortgage loan is under husband's name only. Not working (no income). Incurred credit card debt prior to marriage. Collection agency filed a lawsuit. I do not own anything now. Husband support all living cost.

Questions:
1. Is it too late to file bankruptcy now ?
2. Will it affect my husband's record or credit report ?
3. Do we have to file BK together ?
4. Is the house in jeopardy ?
5. Husband doesn't know anything about this, can he be sued also ?

I am really worried right now, could someone offer any feedback ?

Thank you.

 

[seniorjudge]

What is the name of your state? CA

Could someone help or offer opinions on these ?

Facts:
Married. Just bought a house. House is under my name and husband. Mortgage loan is under husband's name only. Not working (no income). Incurred credit card debt prior to marriage. Collection agency filed a lawsuit. I do not own anything now. Husband support all living cost.

Questions:
1. Is it too late to file bankruptcy now ?
2. Will it affect my husband's record or credit report ?
3. Do we have to file BK together ?
4. Is the house in jeopardy ?
5. Husband doesn't know anything about this, can he be sued also ?

I am really worried right now, could someone offer any feedback ?

Thank you.

1. No.
2. Yes, if he files bankruptcy; no, if he doesn't.
3. No; it's not his debt.
4. It shouldn't be.
5. You are a real jerk. Of course he can be sued. Anyone can be sued anywhere for any thing at any time for any reason. You have some major problems with lying; I hope your husband can forgive you. (I don't think anyone will get anything from him for what you did before you got married.)

 

[bigun]

House is under my name and husband.

This could be a problem depending on the amount of equity involved. If the purchase was very recent, you are very likely below the amount of equity that is exempt in bk but, if you don't file the judgment creditor may be able to place a lein against the house.
A lot really depends on the totality of yoru situation. How much debt would you be discharging in bk? ALso, when did you last pay the orginal creditor?

 

[hbitez]

Thank you for the replies. As bad as it sounds, I was in a situation where I could not pay back the credit card. I wasn't owning that much, but after seeing the bill plus interest they are charging, I am speechless.

More questions on this subject:
1. How could a collection agency put a lien against the house since the mortgage is still being paid, and the agency does not have anything to do with the house loan ?
2. If we change the house's title to just under husband's name, would this protect the house ?
3. How do I know if our house have a lien against it or not at this moment ?

Please offer any other suggestions since we really want to keep the house, and I don't want my past affects our future.

Thank you so much for any feedback.

 

[bigun]

You really need to see an attorney. If your state allows a judgment creditor to place a lein on real property then, that's all the authority needed.
Filing a quit claim deed once you've been sued will very likely be considered a fraudulent conveyance and be easily reversed.
I'd doubt there are any leins other than the mortgage against the house since, you've only reently been sued. Check with the court lerks office and see if there is any prior litigation against you.

 

[JETX]

Is it too late to file bankruptcy now ?

Not if it is the right option.

Will it affect my husband's record or credit report ?

Directly, no. Indirectly, yes.
Anything that you jointly finance (car, furniture, etc.) will require your credit history also. And your bankruptcy will affect the interest rate.... and decision on the 'loan'.

Do we have to file BK together ?

No. Pre-marriage debt is yours alone.

Is the house in jeopardy ?

Possibly. As correctly noted by 'bigun', you have an equity interest in the property and, given the right circumstances, could be pursued by a judgment creditor.

Husband doesn't know anything about this, can he be sued also ?

Of course he can. They can name anyone they want in their suit.... and based on your post, will likely include his name. It will then be up to YOU to prove the debt was not communal.... and to get his name removed.

 

[Leinalani]

More questions on this subject:
1. How could a collection agency put a lien against the house since the mortgage is still being paid, and the agency does not have anything to do with the house loan ?

They would need a judgement and want their money. It doesn't matter if the house is still being paid for. If they have a judgement, they may wait the years down the line for you to gain equity in the home, if they have no other means of collecting.

3. How do I know if our house have a lien against it or not at this moment ?

Most people don't know until they're in the process of wanting to sell.

After a judgement creditor obtains a judgement, he/she does not need to inform you of any garnishment, lien or levy. If they place a garnishment order on your wages, your employer might notify you. If they seize your bank accounts, you probably won't know about it until you can't access your funds and the same goes for your property as I've stated before.

Get a consult with a BK attorney and see if that's the best option for you.

 

[bigun]

The previous poster makes a good point about bank accounts. If you're joint on a bank account with your husband {or anyone}, you need to withdraw.

 

[JETX]

Most people don't know until they're in the process of wanting to sell.

Not true. A judgment lien is public record... and anyone can simply go to the county clerk/registrar and search the records.

 

[Leinalani]

Not true. A judgment lien is public record... and anyone can simply go to the county clerk/registrar and search the records.

Yes, but no one has to INFORM the debtor if there is a lien on the property when they do file one for one. Everyone expects to be notified if something like this happens then gets upset when it doesn't.

 

[hbitez]

Anybody know a good BK attorney in Los Angeles area ? I think I need to see one, please recommend ?

Thank you.

 

[JETX]

Anybody know a good BK attorney in Los Angeles area ? I think I need to see one, please recommend ?

https://attorneypages.com/506CA/index.htm

 

[HomeGuru]

i know some LA lawya's that have firsthand experience with filing BK.

 

[hbitez]

i know some LA lawya's that have firsthand experience with filing BK.

Would you share any name, phone number, and address ?

Thank you.

 

[hbitez]

I am still confused and worry.

If I don't generate any income right now (housewife) and the credit card debt incurred prior to marriage, how come I read conflicting opinions regarding the possibility of my husband getting a lawsuit also ?

Since this debt was only under my name, wouldn't it be my responsibility only ? If husband could get sued, that means they could get anybody else that is directly related to me sued also, for example parents ?

Finally, what is the estimated cost to hire a BK attorney ?

Please help...