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    rodders's Avatar
    rodders Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 1, 2008, 01:13 PM
    Going home and leaving debts.
    My husband and I have been here for 6 years and awaiting the green card, however, we were both laid-off last year and have been living off our savings,which are now extremely low; my husband is unable to work for a few more months (or claim benefit) due to a routine operation in October that went septic, was in a coma for 2 weeks, and hospital for 5. During that time, I neglected to pay our credit card bills, although have tried to make payments since, and have been in touch with the companies with a view to coming to an arrangement, however, they are unwilling to listen or agree any terms. This has left us with the feeling that we want to go home, rent out our house,and forget it all. What will happen to the debt? Will they try to find us, or is the debt just written off? We did go to an attorney, with regard to filing chapter 7, but was told that with the possible law-suit for medical malpractise, the debts would be paid off at some future time; we figure we can do that ourselves, so why go that route? Any advice would be appreciated-it was a rough year last year, and this one's getting off to a bad start too!:( Thanks.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Feb 1, 2008, 01:59 PM
    rodders writes: "...This has left us with the feeling that we want to go home, rent out our house,and forget it all. what will happen to the debt? Will they try to find us, or is the debt just written off? We did go to an attorney, with regard to filing chapter 7, but was told that with the possible law-suit for medical malpractice, the debts would be paid off at some future time...." Are you buying a home? And your husband has a malpractice claim against a physician? Your attorney is correct in that the claim against the doctor must be listed as an asset if you were to file bankruptcy. You are undergoing a lot of stress and depression; to the extent it is self-inflicted, try to stop putting yourself through that. If the weight of it all is going to destroy you, then file Chapter 7 like your attorney has advised, and start breathing again.

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