What to do if I need advice on filing for bankruptcy?
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What to do if I need advice on filing for bankruptcy?
I’m 68 years old, my income has dried up (only $1290 in SS) and I’m behind on mortgage but trying to tread water there. I do not want to lose my home. I have not been able to pay my credit cards in 3 months. Also, I have not responded to their calls because I cannot spare any money to send them. I am just over $10K in debt. Should I file? Which Chapter? How will this impact my future?
Asked on July 3, 2013 under Bankruptcy Law, California
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
Under California's homestead exemption, because you are over 65, you can keep your house in a bankruptcy, even though you have equity in it, up to $175,000. However, only $10,000 is a small amount of debt to justify the extreme of bankruptcy, especially when you consider what you would need to pay a bankruptcy attorney. You may want to consult a consumer protection law attorney who will determine whether the debt collectors for the credit card companies have violated any consumer protection laws when they called you. Save recordings of the messages they leave and then consult a consumer protection attorney. S/he may be able to collect a small amount for you under a statute ($500 or $1,000), erase your debt and get his/her attorneys' fees paid to boot.
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