Will I qualify for bankruptcy?

[Taryn143]

What is the name of your state? Michigan

I currently have $13,000 in credit card debt. I live with my boyfriend in his house and currently am paying a larger portion of the mortgage and bills because his work is seasonal. Last October I realized that we just could not pay our living expenses and my credit card minimum payments. So I signed up with a debt settlement company to try to avoid filing bankruptcy. That worked out horribly and now I'm worse off than before.

I tried to negotiate with my credit card companies to get onto one of their payment plans but because I have a negative cash flow, they will not help me.

I was told by a bankruptcy attorney a while back that I may or may not qualify for bankruptcy because my name is not on the mortgage of the house I live in. Is this true? If I have him add me to the title of the house, will that help my chances?

Also, I have very few assets that I brought into the home. One being the living room furniture that is on my Art Van credit card. Can they take this back when I file? The only other asset I own is my vehicle. My father sold me the car last month and I am making payments to him. So there is no loan out on the vehicle. Can they consider my car an asset to take as well?

 

[bigun]

The issue is not the deedbut, the mortgage. If your nae is not on the mortgage, you've no legal obligation to pay and very likely the trustee will not allow this as an expense.
Don't get on the deed. If the bk falls apart, creditors may start trying to attach your half of the home.
See another lawyer for a different opinion. Maybe a Chapter 13 works.

 

[Ladynred]

You also need to look at your living expenses. You are probably skimping on a lot of things to pay all the bills. You may, in fact, NOT have any money left over even if you don't have the mortgage payment as an expense. One of the biggest mistakes people make is to underestimate their TRUE living expenses.

Seasonal or not, the BF needs to get himself a seasonal job that pays during the winter !