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Filed Chapter 13 jointly, spouse has died, what now?

26 May

My husband and I filed Chapter 13 and now my husband has passed away. It’s only been a week or so. The only income that I have now is a Soc. Sec. check for my son who is almost 17. I am not old enough for widows benifits until Nov. I am not working as my husband was so sick and I had to care for him at home. I did not have enough credits to get my own soc. sec. I do not have enough income to continue an $1800 a month payment to the bankruptcy court. It seems my only salvation temporarily is a possible disability check that would be retroactive to July. I believe I owe only about $9,000. I am doing my tax return today and will make a copy of it and attach the death certificate, and send it along to either the attorney or the trustee, I am not sure which to send it to. Is their any relief in the law for this kind of situation. The only assets are my home and car and contents of our house. We had no insurance of any kind. I would appreciate any help with this….Thanks so much!

 
2 Comments

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  1. stonecold

    May 26, 2010 at 12:51 am

    you’re screwed

     
  2. psykochatter

    May 26, 2010 at 1:04 am

    I”m so sorry for your loss.

    Did you go to a bankrutcy lawyer? I would check with them. If some of the debt included in the bk was soley his, you might not be responsibe. If it hasn’t gone through completely, you might be able to file hardships with creditors who will suspend rates or payments for a little while. Also, the bankruptcy courts might be able to recalculate payments because of your lack of income.

    Basically, I would see a professional. Maybe you can find a relative to help you with finding someone that will do it cheap/free.