Bradley, CA Bankruptcy Law Firms & Lawyers

Read the due date language carefully. It would be subject to a late charge. Call the lender. They may have a process to pay it over the phone or moneygram.

Generally student loans are not dischargable and therefore bankruptcy will probably offer you little relief. There is a hardship exception on the student loans but it is difficult to qualify for. For you own good see a competent bankruptcy attorney before you do anything and possibly make a grave mistake.

Not sure why you cannot file yourself which would probably make more sense. However, if the house is community property he can so state in the petition for bankruptcy if true. That means he has a 50% interest in the property which will go into the bankruptcy estate and be subject to the automatic stay. Just the fact that he lives there is not sufficient. He must have an interest in the property as an owner. You must have a lawyer to review the situation. This is too important to be relying on questions here or anywhere else by a lawyer who is not your own lawyer and who does not have all the facts and other information required to answer your questions reliably. Again, I would say that the automatic stay should apply but see a lawyer to give you specific advice and to look at your entire situation and not just using bankruptcy to stop the sale. There is a lot you and your husband need to know about the benefits and risks of bankruptcy before either one of you file anything. If he files a Chapter 7 case he will not be able to dismiss the case without court approval and approval may not be given if you have assets that the trustee can take or if it will prejudice a creditor that objects to the dismissal. Be careful.