Re: help!!!!!!!!!!!!!!!!
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Posted by LadynRed
(199.91.33.254) on January 06, 2004 at 09:19:52:
In Reply to: help!!!!!!!!!!!!!!!! posted by hopeless and depressed on January 05, 2004 at 18:04:34:
Ok.. how much equity is 'quite a bit' ??? In IL, you are NOT allowed to use Federal exemptions (the 16K someone else mentioned). The IL homestead exemption is $7500. "Real or personal property including a farm, lot and building, condo, co-op or mobile home to $7,500; sale proceeds exempt 1 year from sale Spouse or child of deceased owner may claim homestead exemption." If you're equity is a lot more than that, you would be, unfortunately, looking at a Ch 13 to protect the house. The idea of selling the house may not be that bad an idea if you don't want to be in the financial slavery of a Ch 13 for the next 5 years. Since the proceeds from a sale are exempt for up to a year, you could even buy another home later and not worry about losing the money to a Trustee. Trustee's do NOT approve a CH 13 payment plan, the BK court does that. With that kind of unsecured debt, I would do anything and everything you can to avoid a CH 13. Another possibility would be to take the Ch 13 to get the protection you need from creditors, sell the house and then convert to a Ch 7 to discharge all that unsecured debt. As already stated, you are NOT liable for anything but YOUR accounts and those that you were joint on. Anything else that was in his name alone you cannot be forced to pay. Your husbands separate debts are paid out of his estate. If creditors don't make a claim on the estate within a set period of time, they lose out and you can tell them all to go take a hike. Definitely get a couple of consultations with bankruptcy lawyers, do not go for just 1.
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