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I Died Last Year. Should I Go Bankrupt? – Gary

“Dear Steve,

I am broke had a heart attack last year and died for 4 to 6 minutes. I borrowed 55,000 from the bank for a business which is not about anymore. My wife did not sign on the loan at the bank either.

She has a business now and helps me live by giving me a 50.00 per week on top of my social security of 445.00 per month. They put a judgment on me 3 years ago because I could not pay them and they did not even ask if I could pay a little ever month.

Right now they are taking me to court and I do not even though if I will be healthy enough to go.

Oh I forgot to tell you also that they are trying to get a lot that is in my name only that I owe the owner personally which I have not paid him anything either since 2007 and he is the only one with the mortgage owing on it to himself personally.

My question to you is what should I do? Go bankrupt 13th or 7th Also can they take anything from my wife that is in both our names even though she cares and takes every dollar out of it?

What I am talking about is 2 rental mobile homes that pay here 200.00 per month and the other one she still owes on it and she pays 450.00 per month because I have no money to help her and there is no one renting it. I do hope they can not do or take anything from her because she did not sign her name on the loan they are after me about even though we have both our names on the 2 mobile homes.


Dear Gary,

You can always file bankruptcy in just your name. You would have to include all joint assets and liabilities, if any.

If there are no assets in your name then it seems very straightforward and your debt should be discharged in about 90 days in a chapter 7 bankruptcy.

As far as the mobile homes and lot go it will depend on how much equity you have in them. You need to discuss your specific situation with a lawyer.

You can click here to find a local bankruptcy attorney and talk to them for free about your specific situation. Get the facts and then you can make an informed and educated decision if bankruptcy is right for you.

Please post your responses and follow-up messages to me on this in the comments section below.

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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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