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Gracie3787

Senior Member
What is the name of your state (only U.S. law)? Georgia

My husband and I are planning to file a chapter 7 bankruptcy petition. I have consulted with 2 local attorneys, both have said that we qualify for ch. 7 however, they need $1,500.00 up front.
So, we are trying to save up the money. We have alot of debts and have been paying small amounts on some of them, mainly our Dr.'s bills.

We do not have much income and what we do have is going toward basic living expenses, medications and our Dr.'s bills. Consequently, we haven't been able to send any payments on my husband's $6,000.00 hospital bill.

Through a local collection agency the hospital has filed a civil suit against my husband. When he was served he was told that he had 30 days in which to file an answer, or he could contact the collection agency to make arrangements to pay the bill.
We simply cannot afford for it to go to court and have either his pay garnished, or his bank account levied.

On Monday he plans to call the collection agency and try to work out a payment plan with them, mainly as a way to keep it out of court until we can file the bankruptcy petition.

My question is this:
If he makes an agreement to pay a monthly payment, can the debt still be discharged?
 


racer72

Senior Member
The fastest way to save up the money is to not pay any creditors except for those required for basic necessities, electricity, phone, water etc. Don't call the collection agency, don't call any of the creditors. If they contact you, just tell them you are filing bankruptcy and they will be hearing from your attorney soon then hang up. Any money you were using to pay those creditors and any other cash you can save goes into your bankruptcy fund.
 

Gracie3787

Senior Member
The fastest way to save up the money is to not pay any creditors except for those required for basic necessities, electricity, phone, water etc. Don't call the collection agency, don't call any of the creditors. If they contact you, just tell them you are filing bankruptcy and they will be hearing from your attorney soon then hang up. Any money you were using to pay those creditors and any other cash you can save goes into your bankruptcy fund.
We are already doing that, the only bills, other than basic expenses that we are paying is a little to our Dr.s each month. We live in an area where there aren't alot of Dr.s and we have found a great GP and a great cardiologist, so we have to hang onto them no matter what. They are being very understanding, and they both know we will be filing but we are going to be reaffirming those small debts to the Drs. (we're only paying each $25 per month for now).
 

bigun

Senior Member
My question is this:
If he makes an agreement to pay a monthly payment, can the debt still be discharged?


Yes
 

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