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Should I file bankruptcy in my situation?


I make a good salary, but our home moretgage is too much for us to handle (it was a teaser rate and we are not even covering the interest). It is causing us not to have ANY money to do anything else. Considering I am the only one on the mortgage, would it be wise to go ahead and just file for bankruptcy and leave the home?

What happens to my other debts (credit cards, personal loans, rental property, etc)?????

Will it negatively affect my wife's credit profile?

Will I still be able to finance cars, future homes, etc?

How long does it remain on my report?

Rental property?

Sell the house and get something affordable. The new bankruptcy laws may not wipe out all you hope.

You'll have difficulty getting credit for a while, and you'll eat some serious bad interest rates.

7-10 years

NO!! That's a drain on society. You should have thought of that before you bought the home. Sell the house and tone down your life to where your "GOOD" salary lives...

you should

Sell your home. Be a responsible individual and pay your debts.

Sounds you like got caught up in the subprime market, go to you local bank and see if they can help you and also consult
with a Contract Lawyer (to read that fine print no one reads)
see if he has any suggestions, and then consult with a Bankruptcy lawyer and see how it effects your other debts.

www.creditinfocenter.com

filing bankruptcy will be on your credit report for 7-10 yrs - not sure about affect on wifes credit, but it will definitely affect your for future car loans, could cause existing credit cards to increase their rates on your accounts. did you try to refinance for a new adjustable mortgage?

Consider carefully before filing for bankruptcy. Although you may file it on your home, any other creditor you owe money to can file a petition to seize your assets.

When you file the petition, your attorney will have you list everyone you owe money to. Secured or unsecured. The judge will make a review of your petition, how much you owe, your assets, income, resources and make a decision.

A bankruptcy Chapter 7/13 will stay on your credit report for 10 years and can have a detrimental impact on your ability to obtain credit in the future. For anything!

As for your wife's credit, is her name on the mortgage? Have you talked to your mortgage company to see about doing a refinance? You should consider all of your options very carefully.

Holy crapola, do NOT file bankruptcy. It looks like you don't know how to handle your finances at all. Try to go with a different banking company and refinance your home. You won't be able to be financed on cars or future homes, nobody wants to have a customer that can't pay their bills. And it can remain on your report for seven years I believe. This is not a wise idea.

You need to talk to you CPA or attorney about filing bankruptcy. They will be able to answer some of your questions, also maybe you should talk to the mortgage company and let them know what you are thinking about doing.....I would bet they would want to work something out, since all the mortgage company's are losing millions because of stuff just like your situation. Let them know if they can't work with you then you will have to file bankruptcy. Good luck, I really hope you don't have to file bankruptcy, I hear it can really hurt your finances for years to come.

Since your questions are important and the answers could highly affect and jeapordize your way of life and your future, I highly suggest you not count on the answers you get here. It's just too important!

Instead, contact a bankruptcy lawyer or bankruptcy counselor. Usually, the first interveiw is free if you decide not to file. You will only pay a fee if you do take the final decision to file for bankruptcy.

Take care and definitely get professional advice. Best of luck to you... Life isn't easy at times but the fact that you are searching for answers instead of wallowing in self-pity and denial leads me to believe that you'll come out of this on top! All the best!

Bankruptcy can stay for 10 years.

If you are going to leave the house anyway, sell it and use the money to pay off the debts.

I think your best bet would be to try and sell the home for more than what you owe on it. Failing this, you may be able to sell it for at least enough money to cover your debt -- or most of it. This would leave you owing a much smaller amount than you do presently.

Filing for bankruptcy isn't a "get out of jail free card". ALL of your other owned assets (cars, expensive toys etc) may be seized by the court to pay your debt. Your future wages may also be garnisheed to pay your creditors. In addition, your bankruptcy may be on your credit report for up to seven years -- which will prevent you from financing anything during that time.

If your wife's name isn't on the mortgage deed, then her credit won't be affected.

If the lender repossesses and re-sells the home, you may still be liable for any losses incurred by them, plus the legal costs of re-selling such as lawyers fees, agents commissions etc.

I'd strongly suggest you talk to a credit counsellor before taking any action. Look in your local phone book. You may also find a government agency which will provide free counselling.

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