Like most of the others on this site, I have found myself unemployed and dealing with a pile of debt ( credit card and medical) I stopped paying on the debt 2-3 years ago. I received a lump sum settlement amount for the disability and paid off what debt I could, now the others are coming forth,.
I was served a writ of execution today and according to those documents my property is to be sold on May 12 at 2pm. I have contacted multiple attorneys on my behalf and have met the same answer from each of them, I am simply unable to file bankruptcy. ( I am a limited partner in a business where according to the operating agreement of said business if one member files bankruptcy business is to be liquidated within 90 days )
I do receive some compensation from this business however it barely meets my obligations as it is. I do have on hand some cash as I am living on a cash basis it fluctuates from day to day as expenses are paid. From a hundred or so to 2 thousand dollars.
The constable did come into my residence and take photos of a few household items ( I am aware that other items can/could still be considered even though they were not photographed ) I am slightly surprised that it has come to this measure when a few of the others have simply placed a lien on the property, none the less it is what it is. The amount of the debt of the CC that is executing the writ is 16K I still do have other balances as well, including medical and 2 other CC.
So my questions are: If I do not request a hearing and given they have managed to go this far, will my personal property be sold/seized on the date given? If I do request a hearing does that stop that or is it just prolonging the inevitable? I suspect this is a measure to get information? Not sure. I don’t want to be misinformed or uneducated. I HAVE NEVER HEARD of this happening to others I know who have been on the bankruptcy journey themselves. What are my other options, if any? Seems I have found myself in the proverbial “between a rock and a hard spot” Now where is that magic wand?? ;)
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