Husband out of work for last 10 months. Only gets $910 pension check, and small unemployment check. $70K CC debt. File BK?

My husband lost his job January, 2009 and has not been able to find another one. We only receive his pension check of $910 as income, and he gets unemployment checks which will soon run out. We have $70K in credit card debt. Our house will be paid off in July, 2010. We are struggling to make the minimum payments on the CCs and are depleteing our small savings account of $30000. That is all the money we have to our name. What do we do? File BK? Chapter 13 or 7? My husband is 64 and his prospects for gaining new employment are not great. I am scared we will spend every cent we have left and then be destitue.
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Answers (1)

John Thomas Black

John Thomas Black

Contributor Level 4
Please consult an experienced debt relief attorney regarding your situation right away. You have considerable credit card debt, but as Texans, at least the creditors cannot force the sale of your homestead to pay it, as they can in many states.

But filing a bankruptcy now, while you still have a substantial savings account, would be a bad idea. The home should be exempt or safe from creditors, but the cash savings is not. From the cash savings, you can pay your living expenses, and home and car repair. DO NOT use it to pay off the house, or give to friends or relatives to hold for you; you could make your situation worse.

Moreover, you husband looks to be almost Social Security age, and if he can wait to start drawing it until his full retirement age, that would be another source of income. I would recommend that you stop paying the credit card debt now, instead of using up your savings to pay it. You will get collection calls, but you simply do not have to answer the phone.

Eventually one or more of the creditors may sue you, but as I say, it would be very difficult for them to force you to pay. Or you could settle with them at that time. If you are sued, consult a debt relief lawyer at once.

Another idea, once your husband reaches 64, he may qualify for a "reverse mortgage." You can borrow money against your home equity, and it never has to be repaid, until you move or pass away. It could generate a lump sum of money, or possibly monthly payments. Unless you intend to leave the home to someone else when you pass away, it can be a good source of funds for you now.

My law firm is a debt relief agency. We help people file for bankruptcy relief.
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