Re: BK Questions
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Posted by LadynRed
(126.96.36.199) on September 09, 2002 at 16:49:52:
In Reply to: BK Questions posted by millie on September 09, 2002 at 15:50:52:
1 - Yes. If your payments are up to date, you can reaffirm on the home and keep it (since you have no equity). Same for the car.. but if you think you can't afford the car payments afterwards, you can usually NOT reaffirm but keep paying and keep it. Then, if you find you can't make the payments, you walk away from it.
2 - The entire process for 7 generally takes about 4 months from the time you file to discharge, but it can take a bit longer if a creditor objects. A 13 gets started the same way, but the "Plan' lasts 3-5 years.
3 - Yes. Refer to #1 on reaffirming (or not)
4 - Yes, you can file individually. However, to say that your husband will be without liability, in a community property state, might be incorrect. If ALL the debts you file on were incurred BEFORE you were married (ie. before the 'community'), then he should not be affected. At least I believe that is the case. Since you have to claim ALL your debts, if he's on ANYTHING, he WILL be affected.
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