There are many excellent bankruptcy attorneys in the Elizabethtown area. You should contact one immediately to discuss your options. Yes, it is quite possible to file a Chapter 13 to deal with the arrearage on your mortage that did not reaffirm in your Chapter 7. There are some issues that the attorney you choose will need to consider in evaluating your potential Chapter 13 case.
Since you are being sued, you should immediately (without delay) speak to an experienced bankruptcy attorney to discuss your options. If you are being sued, and do nothing, a judgment could be entered against you and your bank account or wages could be garnished. As mentioned by the other attorneys, many bankruptcy attorneys will offer a free, no obligation consultation to discuss your situation.
Mr. Price is correct, both incomes are counted for the means test calculation to determine elgibility for Chapter 7 bankruptcy or to determine your minimum payment in a Chapter 13 bankruptcy.
There has been an argument made by some attorneys that unemployment income is paid to states, and consequently persons, through the social security act, and consequently, should not be counted as income on the means test. This argument is made because the bankruptcy law exempts social security income...
You need to contact your attorney and inquire into the possibility of this new medical debt being added to your bankruptcy. Your attorney will discuss this with you and what is required to do this. Take all of the papers your have received on this medical debt to your attorney. Generally, the Bankruptcy Court in the Western District of Kentucky will consider motions to add medical debt incurred after the filing of the bankruptcy.
I agree with most of what has been posted by the other attorneys... I would add that you need to call your current bankruptcy attorney and meet with him or her immediately. The possible divorce and separation are very important issues that your bankruptcy attorney needs to know about immediately so they can help advise you how to handle the matter.
Just because a bankruptcy is filed and a discharge received, does not mean that any lien on real estate is automatically "gotten rid of" or released. Generally, a separate motion or proceeding is required to be filed to ask the bankruptcy court judge to release the lien. So, there are ways to accomplish release of the lien in bankruptcy.
The bankruptcy attorney that you employ should be familiar with these court proceedings to ask for the lien release and will be able to assist you with it.
You need to meet with an attorney that will help you. As the other attorneys have said, the answer may be to file a lawsuit in the bankruptcy case against the creditor and their attorney that will not stop the garnishment. You may receive your garnished funds back, be awarded damages and possibly your attorney fees to pay the attorney that you need to employ to do all of this. Since the attorney you meet with and hire may be awarded attorney fees by the bankruptcy judge, that may help you...
Bankruptcy is a good option to consider. As the other attorney said, you will definitely need an attorney experienced in bankruptcy law because of the possible fraud allegation. This allegation could just be a collection tactic by the bank or their collection agency to scare you into paying the debt. Please contact an attorney immediately. Most bankruptcy attorneys offer a free, no obligation appointment to discuss your situation. Good luck !