Filing of Chapter 7 Bankruptcy - Minnesota

This is a discussion on Filing of Chapter 7 Bankruptcy - Minnesota within the Consumer Bankruptcy forum, part of the BANKRUPTCY & DEBT COLLECTIONS category; My husband and I were informed that we would not qualify for Chapter 7 bankruptcy because I am listed as ...

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Old Nov 6th, 2009, 02:30 PM   #1
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Unhappy Filing of Chapter 7 Bankruptcy - Minnesota

My husband and I were informed that we would not qualify for Chapter 7 bankruptcy because I am listed as an heir on my late father's home which has been for sale for 3 yrs. now. Our main source of debt is credit card debt of: $34,000. But, on 3 of the cards the total debt is $15,000 and those card were ordered in my husband's name only. And he is not an heir to my dad's property. Could we then file for Chapter 7 under his name only with his credit debts? Or could we file jointly, but not include my credit card debt that is listed as mine alone? I don't believe creditors can access my inheritance to pay my husband's credit card debts? (we live in Minnesota) PS We own a home that cannot be sold as it is mortgaged for more than the resale value.
We own 2 older vehicles that are paid off. We only have one source of income currently; net of $2600 per month with debts of $3100 per month. We have had to borrow from relatives to stay in our home for now and are current on those payments. The credit card debt is the most pressing as we have claims filed against us in court right now. Thank you.
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Old Nov 6th, 2009, 02:34 PM   #2
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Default re: Filing of Chapter 7 Bankruptcy - Minnesota

Hi there. You have posed a number of good questions here. The first consideration would be who informed you that you would not qualify to seek bankruptcy protection? If this opinion came from a local bankruptcy attorney, you may well need to explore other options. However, if you have not conferred with such a lawyer you really need to do so. There may be other avenues open to you, including restructuring as opposed to complete discharge. I would suggest you visit the WLD main page and request referral information. They have lawyers all over the nation, and given your circumstances you and your spouse truly need to speak with an attorney. Hope all works out for both of you in this matter. AJ
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