Guadalupe, CA Bankruptcy Law Firms & Lawyers

Yes. In general, bankruptcy discharges (wipes out, gets rid of) credit card debt. The most common form of bankruptcy, Chapter 7, does not require that you make any payments on your old credit card debt. If your only income is social security, I am certain that your income will be low enough for you to qualify to file a Chapter 7 bankruptcy. To see if this is the best thing for you, talk to a certified specialist in bankruptcy law, like me: 310 271- 6223. I am happy to arrange a free consultation for you. There are exceptions to discharge set forth in 11 U.S.C. Section 523 like obtaining money or credit by fraud, or through the use of a false financial statement, that apply and in some cases can result in the denial of discharge of credit card debt. Again, it is best to consult with an expert in bankruptcy law before making your decision about whether or not to file bankruptcy.

Yes, you can sell your home in chapter 13. Even though mortgage in your husband's name only, its community property and you should seek bankruptcy court permission to sell it. Most likely, Court will grant the permission to sell it.

The bank certainly can still foreclose, but they cannot seek payment from you if the foreclosure sale results in a loss. However, if you contact your mortgage company and apply for a loan modification, it is likely you can work something out to prevent your property from going into a default.