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"Legally Get Out Of Title Loan" Discussion

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Professional Q&As for "Legally Get Out Of Title Loan"

Upsolve Community Member
2021-12-30

Im legally married and have not lived together for over 4 yrs. He does not give me money at all. If he gives me his income, is it added to mine? I cannot afford a divorce until i get on my feet.

Community Replies:

Upsolve Community Member
Hi Bonita, I wish you the best in working out personal and financial difficulties! Generally, any incoming funds you receive must be reported. This would include the scenario you mention. Goof luck! :-)

Upsolve Community Member
Bonita, thanks so much for asking. You might find this resource helpful: https://upsolve.org/learn/including-spouses-income-and-expenses/ 

Upsolve Community Member
Generally speaking, Mark is right! Regardless of whether you're required to list your spouse's income- any money you receive as income would generally need to be included 

Upsolve Community Member
2021-11-04

I've tried, so hard, not to be late on bills to the best of my ability. Saying that, I've read that it's moot to pay credit card bills if I tend to file for bankruptcy. Short back round on why I am filing: I am paying credit cards and then using them to meet personal and essential needs. I am, therefor, never able to pay off my cards. I also have a debilitating , progressive, disease (MS) that is making it very difficult to continue working. I always thought I could work to pay off my debt and I feel, more than, ashamed not to be able to. Anywhoser, my question is, do I seriously stop paying my bills? I'm not sure I can, with good conscience. Although, with that being said, if I used my check to pay for essentials first, I wouldn't be able to pay on credit cards or medicine. Thoughts or advice? Please and thank you.

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Community Replies:

Upsolve Community Member
I just realized, this probably can't be answered, legally =/ 

Upsolve Community Member
I used to know someone with MS, I can empathize that it must be really difficult to have this condition, need to pay your bills, etc. I can't answer this directly for you (wish I could, sorry) but my thought is that declaring Chapter 7 might not be THE answer.  

Upsolve Community Member
You might not be able to work in the traditional sense but maybe you can look into some kind of remote work that would suit you better so that you can pay your bills and do something that is more in line with your condition. Another idea is looking into your state's social services and seeing what they might offer to see if it can alleviate some of your concerns. I hope that helps a little bit and that your situation improves soon! All the best.

Upsolve Community Member
There's information in this article that might help you, Meris: https://upsolve.org/learn/will-bankruptcy-help/

Upsolve Community Member
2021-12-18

My checking account receives direct deposits of Social Security & Covid stimulus monies. I also deposited an insurance company reimbursement check into it, for an eyeglass purchase made using the same account in the previous month. Are these funds considered to be commingled? Can a creditor with a bank levy legally take these monies?

2 Reactions

Community Replies:

Upsolve Community Member
Hi Steve. I am not an attorney (I'm a discharged Upsolver) and I don't know what context you are asking these questions but, to me, these are normal checking entries. I receive SS and Covid Stimulus in the same account that I write my checks (online payments to vendors).  This Upsolve Learning Center article discusses https://upsolve.org/learn/keeping-a-checking-account-during-bankruptcy/. Perhaps you are referring to what you've read here: https://upsolve.org/learn/does-bankruptcy-affect-my-social-security-income/ and I am not able to provide advice on "commingling" but what I can ascertain from this article is that it is not set in stone that social security payments are exempt in certain situations and, in that case, I would suggest (not advise!) you to talk it over with your Trustee. If Trustees have questions, they will ask! :-) 

Upsolve Community Member
You can probably find the information you're looking for in this article! https://upsolve.org/learn/debt-collection-on-disability/ 

Upsolve Community Member
Or this one! https://upsolve.org/learn/creditor-take-social-security/ 

Upsolve Community Member
Generally speaking, by mixing your Social Security payments with other money, your income could lose its exempt or protected status. At that point, you would generally need to request a court hearing to prove which funds are from Social Security and which funds are from other sources. 

Upsolve Community Member
2022-01-01

I really need to file bankruptcy but I have alot going on. I'm split up with my wife since pre Covid and we never filed for divorce because of money. I've gotten I'll and working isn't optional at the moment. I should file divorce first? I live with my GF and she doesn't have much money so when I try filling in the paperwork it's confusing because she pays for everything. I just can't have all this debt passed on if I would pass. Just need help. Thanks

2 Reactions

Community Replies:

Upsolve Community Member
Michael, so sorry to hear about all that you're facing right now. Whether to file bankruptcy before or after divorce can be a complicated decision that depends on your individual circumstances. 

Upsolve Community Member
This article can guide you through the questions that can help you decide! Hope it helps! https://upsolve.org/learn/need-to-know-about-divorce-and-bankruptcy/

Upsolve Community Member
Hi Michael, you might also be interested in reading https://upsolve.org/learn/file-bankruptcy-without-spouse/ since you're still legally married. I'm sorry to hear about your illness and troubles. :(  I hope the new year brings you a fresh start and better health!

Upsolve Community Member
2022-01-05

Is my situation complicated? How will this affect things? I live with an unmarried partner in a home that he owns, I am not on the deed or have any ownership. He is unemployed due to illness, so has no income. I pay for the bills associated with my living here, for example I pay for electricity, heat costs, and shared internet and phones. We do not have an official agreement, like a lease or contractual agreement. How would filing bankruptcy affect him? The only asset of significance I own is my car, which looking at federal exemptions I believe I am able to keep completely as I do not own any property. I'm in Vermont, living without a decent car would basically be impossible.

2 Reactions

Community Replies:

Upsolve Community Member
Hi Kimberly! No, your situation is common! A spouse is someone you are legally married to but this article will help you sort things out: https://upsolve.org/learn/including-spouses-income-and-expenses/ I hope this helps! :-)

Upsolve Community Member
if you don't have any joint assets or debts, there shouldn't be any impact on your partner. 

Upsolve Community Member
Our free upsolve.org/learn has a number of resources that can help you! Search around in there and feel free to keep asking questions! 

Upsolve Community Member
So glad you're here


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