Husband Died. No 401K. No Life Insurance. Should I File Bankruptcy? – Patty

“Dear Lewis,

i lost mt job in feb 09 did not find work until sept 09. though my husband worked we where not able to make ends meet.

we have still been struggling to make ends meet even after i found a job. but in jan 2011 my husband died, no life insurance, no 401 k.

now in may i lost mt job. i get 1300.00 a month unemployment. i am not able to pay all my bills, credit cards, student loans, and other loans. more or less just mt living expenses.

should i file for bankruptcy?


Dear Patty,

I am sorry for your loss. I am also sorry for the debt issues that you need to address as well.

Nowhere in your post does it say how much debt you have. Credit cards? Student Loans? And I am not sure what “other loans” means or how much that category totals.

But whether someone should file bankruptcy is almost always on a case by case basis. Some people don’t make too much money, but should not file bankruptcy because they don’t have much debt (it is relative), or debt they cannot shed in bankruptcy (like student loans or certain tax debt).

But with your income, and just meeting basic needs, I would think bankruptcy might be a good option. But I would still like to know some of your debt amounts to better understand your debt issues.

You can post your answers and updates in the comments section below.

My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

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