Update on my bankruptcy: It's not looking good.

[bijou]

SeattleGirl  (1000+ posts)       Mon Jan-28-08 11:20 PM
Original message
Update on my bankruptcy: It's not looking good.
 I found out that because Washington is a community property state, even if I filed bankruptcy without my husband signing on, once my debt is discharged, the creditors will go after him, which I think it completely unfair. It's legal in the state of Washington for married couples to get credit on their own, in their own name; I don't understand why the other spouse then can get "punished."

I looked into filing Chapter 13 instead of Chapter 7; they said that both our incomes will be taken into account, even if I am the only one filing.

I feel like I'm between a rock and a hard place, and am basically ready to forget the whole thing, because MrSG does NOT want to file bankruptcy. I can't say I blame him, but my choices now are go ahead and do it and face his wrath (which again, would be unfair to him), or just give the whole thing up, and watch my paycheck get eaten away by garnishments (it's already been garnished by one creditor).

I really don't know what to do.
 

link

DU, your one stop shop for legal and finacial advice. 

[Freeper]

Well if you do the opposite of what they tell you to do at DU it may turn out ok. 

Going to DU for advice on financial matters is like going to me for dating advice or job hunting tips. 

[Chris_]

Well if you do the opposite of what they tell you to do at DU it may turn out ok. 

Going to DU for advice on financial matters is like going to me for dating advice or job hunting tips. 

Dude, don't be so hard on yourself.  I think your job hunting tips are OK, you just hit a dry spell.

[Freeper]

Well if you do the opposite of what they tell you to do at DU it may turn out ok. 

Going to DU for advice on financial matters is like going to me for dating advice or job hunting tips. 

Dude, don't be so hard on yourself.  I think your job hunting tips are OK, you just hit a dry spell.

 

[SSG Snuggle Bunny]

Married couples being treated as a single entity before the eyes of the law?

Weird!

[Chris_]

Why doesn't she just go to Consumer Credit Counseling? Helping people through financial problems is what they do.

Cindie

[Rebel]

Well, Seattlegirl, if I win the lottery tonight I'll send some monetary green light. Hopefully that'll help.

[Lord Undies]

Why doesn't she just go to Consumer Credit Counseling? Helping people through financial problems is what they do.

Cindie

Because her goal is to have her and her husband's debt discharged so they can go merrily skipping down the road with only one of them attached to the stigma of bankruptcy. 

[Lauri]

Why doesn't she just go to Consumer Credit Counseling? Helping people through financial problems is what they do.

Cindie

Because her goal is to have her and her husband's debt discharged so they can go merrily skipping down the road with only one of them attached to the stigma of bankruptcy. 

am i reading her right? is she intending to file bankruptcy without telling her husband and then just take his blow back after the fact?

[Lord Undies]

Why doesn't she just go to Consumer Credit Counseling? Helping people through financial problems is what they do.

Cindie

Because her goal is to have her and her husband's debt discharged so they can go merrily skipping down the road with only one of them attached to the stigma of bankruptcy. 

am i reading her right? is she intending to file bankruptcy without telling her husband and then just take his blow back after the fact?

I think what she is saying is she may do it with or without his blessing.  Washington is a community property state, so her idea that everything is separate but equal is was a fantasy (as she learned).  She can file bankruptcy separately, for sure, but her husband will be drug into it too, as a co-debtor.  There is nothing she can do about it.

If the shoe was on a different foot, and the DUmmie was filing for divorce, she would be thrilled with the laws of a community property state.  She wouldn't find them "unfair" atoll.

[Lauri]

Why doesn't she just go to Consumer Credit Counseling? Helping people through financial problems is what they do.

Cindie

Because her goal is to have her and her husband's debt discharged so they can go merrily skipping down the road with only one of them attached to the stigma of bankruptcy. 

am i reading her right? is she intending to file bankruptcy without telling her husband and then just take his blow back after the fact?

I think what she is saying is she may do it with or without his blessing.  Washington is a community property state, so her idea that everything is separate but equal is was a fantasy (as she learned).  She can file bankruptcy separately, for sure, but her husband will be drug into it too, as a co-debtor.  There is nothing she can do about it.

If the shoe was on a different foot, and the DUmmie was filing for divorce, she would be thrilled with the laws of a community property state.  She wouldn't find them "unfair" atoll.

well, this is what laws are supposed to do; keep idiots from suffering when they dont know any better.

how ironic for her..

[BEG]

rumpel  (1000+ posts)       Tue Jan-29-08 02:13 AM
Response to Reply #4
5. It opened my eyes about this debt industry
 Edited on Tue Jan-29-08 02:13 AM by rumpel
the greed it feeds off of - and made me not feel like a criminal...

all this has to change - I would love to demand congress take a look at it - but seeing Dodd praise the president of Litton Loan Services last year - I almost fell from my chair. It is either ignorance or playing to the tune of big money and promises for an unenlightened politician.

Someday - justice will prevail. 

You are a victim, you are not responsible for your own actions.

AZBlue  (1000+ posts)       Tue Jan-29-08 09:09 PM
Response to Reply #9
19. Student Loans are one of my hot buttons.
 Once we take back the WH, one of my main pushes will be for reforms and oversight. And not just reforms for current students - reforms for previous students, those of us literally drowning in the system.

I feel for you, SG. My financial situation is precarious - and that's putting a rosy face on it. So, I definitely feel some of your pain, although mine's a different situation.

Hang in there - there must be another route, I just have a gut feeling about it!

Umm that is what deferrments are for.  We deferred student loans a couple of times when my husband lost his job straight out of college.  Took us 10 YEARS to pay off his student loans, it pisses me off that people don't want to pay for the crap they buy on credit or loans they have taken out.

stellanoir  (1000+ posts)      Tue Jan-29-08 06:56 PM
Response to Original message
13. Oh sweetie
 I've no familiarity with this sort of situation.

Never had a bank account for years. Was a cash only clown. But I'm uncommonly frugal and a lousy capitalist.

Anyhoo, I just feel that there is an option of which you are not yet aware.

Keep digging hon. 

How can you function in life (unless you are under 18) with out a bank account?

[SSG Snuggle Bunny]

Why doesn't she just go to Consumer Credit Counseling? Helping people through financial problems is what they do.

Cindie

Because her goal is to have her and her husband's debt discharged so they can go merrily skipping down the road with only one of them attached to the stigma of bankruptcy. 

am i reading her right? is she intending to file bankruptcy without telling her husband and then just take his blow back after the fact?

One blowback can usually pacify another.

[Splashdown]

Bla bla DUmmie Drivel
You are a victim, you are not responsible for your own actions.


Blah Blah More DUmmie drivel...

Umm that is what deferrments are for.  We deferred student loans a couple of times when my husband lost his job straight out of college.  Took us 10 YEARS to pay off his student loans, it pisses me off that people don't want to pay for the crap they buy on credit or loans they have taken out.



How can you function in life (unless you are under 18) with out a bank account?

Dead right, BEG.
 

It comes as quite a shock to the DUmmies that they should be responsible. Congress should pass a law forcing companies to stop collecting money owed them. 

[Lord Undies]

I am curious about the DUmmie mind.  I want to know when, according to a DUmmie, a business crosses the line between profit and greed. 

I seems at times the DUmmies think a business should only take in the exact amount it needs to barely survive.  This thinking baffles me.  Do the DUmmies return to their employer what is left over after they pay for their necessities each month?  If the DUmmies do not, then they are greedy too. 

[jtyangel]

I am curious about the DUmmie mind.  I want to know when, according to a DUmmie, a business crosses the line between profit and greed. 

I seems at times the DUmmies think a business should only take in the exact amount it needs to barely survive.  This thinking baffles me.  Do the DUmmies return to their employer what is left over after they pay for their necessities each month?  If the DUmmies do not, then they are greedy too. 

Not to mention that it is their own personal greed that ends up putting them in a financially questionable situation to begin with. So corporate greed=bad, personal liberal greed=good. I think this comes from people who think they are superior to your average joe to begin with so the laws do not apply to them like they would the 'masses', nor do moral evaluations based on their actions matter ie if they run up a bill and can't pay it, they should be absolved from it merely by because they are special, superior, and enlightened dangit! Bill collection in their eyes is merely another form of oppression of their free spirit. 

[BEG]

I am curious about the DUmmie mind.  I want to know when, according to a DUmmie, a business crosses the line between profit and greed. 

I seems at times the DUmmies think a business should only take in the exact amount it needs to barely survive.  This thinking baffles me.  Do the DUmmies return to their employer what is left over after they pay for their necessities each month?  If the DUmmies do not, then they are greedy too. 

Not to mention that it is their own personal greed that ends up putting them in a financially questionable situation to begin with. So corporate greed=bad, personal liberal greed=good. I think this comes from people who think they are superior to your average joe to begin with so the laws do not apply to them like they would the 'masses', nor do moral evaluations based on their actions matter ie if they run up a bill and can't pay it, they should be absolved from it merely by because they are special, superior, and enlightened dangit! Bill collection in their eyes is merely another form of oppression of their free spirit. 

It comes from their "entitlement" state of mind.

[Chris_]

I am curious about the DUmmie mind.  I want to know when, according to a DUmmie, a business crosses the line between profit and greed. 

I seems at times the DUmmies think a business should only take in the exact amount it needs to barely survive.  This thinking baffles me.  Do the DUmmies return to their employer what is left over after they pay for their necessities each month?  If the DUmmies do not, then they are greedy too. 

A company becomes "greedy" the moment it charges for goods and services.  Everything should be free and everyone should have unlimited amounts of it, except for people who don't Think Correctly.

[lastparker]

How can you function in life (unless you are under 18) with out a bank account?

Easy!  Any bills you are absolutely stuck with after you've exhausted all avenues of handouts, you pay by money order!  Never mind the cost and inconvenience.... people who don't work have plenty of line to stand in line at 7-11 every month.

[Lauri]

How can you function in life (unless you are under 18) with out a bank account?

Easy!  Any bills you are absolutely stuck with after you've exhausted all avenues of handouts, you pay by money order!  Never mind the cost and inconvenience.... people who don't work have plenty of line to stand in line at 7-11 every month.

oh no, its even dumber than that... these Pay Day loans places that have popped up all over are what the people use who dont want to bother with checking accounts.

they pay 200-300% interest on loans cause they cant stretch their paychecks for two weeks.. or they are living beyond their means and cant catch up. it looks to be a cycle they cant get out of once they fall into it.

but the businesses are making money and saw a decent section of our society that would use it.. and they are prospering although some states have decided that the interest rates are too high and are forcing a lower rate.

[Lord Undies]

How can you function in life (unless you are under 18) with out a bank account?

Easy!  Any bills you are absolutely stuck with after you've exhausted all avenues of handouts, you pay by money order!  Never mind the cost and inconvenience.... people who don't work have plenty of line to stand in line at 7-11 every month.

My parents never had a checking account.  They had a saving account or two, so they weren't skeerd of banks.  I never understood it.  

My mother would send me to the pharmacy down the street with a list of totals and the funds to by money orders.  I remember the house payment was $67.50 (and we lived in a nice house).  

My parents paid everything with cash and money orders.  I was floored when I found out many many years later they actually had a couple of credit cards.