Bankruptcy is not your last option; it is your best option. But given these facts, you need to do some pre-planning for at least six months prior to filing.
1. Stop paying the credit cards and any other unsecured debt.
2. Use extra monies instead to save assets up to the bankruptcy exception amounts.
3. a. Rent the house out on a month to month basis. Keep records of rental agreement and payment.
b. Live somewhere else inexpensive in the meantime.
4. After six months, file a Chapter 7 bankruptcy.
a. Means test does not apply if majority of debts ($285,000) are business debts - namely investment property.
b. Stop paying the mortgage.
c. Do not oppose the lender foreclosing the property during the bankruptcy. Lender can request a relief from stay.
5. Note the sale price of the property at the foreclosure sale.
6. Discharge the debts including the loan (and any deficiency amount to lender).
7. After discharge, on next tax returns, use a CPA and claim a real estate loss on sale of the business rental.
8. Use these monies in a safe investment to get a better financial basis moving forward.
9. Minimize monthly liabilities going forward. and improve the balance sheet.
1. Stop paying the credit cards and any other unsecured debt.
2. Use extra monies instead to save assets up to the bankruptcy exception amounts.
3. a. Rent the house out on a month to month basis. Keep records of rental agreement and payment.
b. Live somewhere else inexpensive in the meantime.
4. After six months, file a Chapter 7 bankruptcy.
a. Means test does not apply if majority of debts ($285,000) are business debts - namely investment property.
b. Stop paying the mortgage.
c. Do not oppose the lender foreclosing the property during the bankruptcy. Lender can request a relief from stay.
5. Note the sale price of the property at the foreclosure sale.
6. Discharge the debts including the loan (and any deficiency amount to lender).
7. After discharge, on next tax returns, use a CPA and claim a real estate loss on sale of the business rental.
8. Use these monies in a safe investment to get a better financial basis moving forward.
9. Minimize monthly liabilities going forward. and improve the balance sheet.
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