Assisting Family Member with Bankruptcy Decision
I am assisting a family member with deciding whether or not to file bankruptcy &, if so, which type. I am leaning toward Chapter 7 because there’s no way they’ll ever be able to repay it all but I’m hesitant because their residence is their only asset of any real value & I don’t want them to end up homeless.
They have >$100k in student loan debt, as well at least another $80k in consumer debt.
They are on unemployment with a monthly income of $2560. They have a part-time job that provides inconsistent hours, but every dollar earned offsets the unemployment, which will run out in May at the latest. The job indicated they would like to eventually offer full-time, but nothing official. They have never made >$60k/yr.
This family member has physical limitations, some of which were just addressed through surgery (being rehabbed now) & another still to come, which limit their ability to work full time. They also have chronic autoimmune conditions.
They would like to file for medical disability. They cannot maintain their HELOC, property tax, & vehicle payments on the ~$1600 that would likely provide, however if they file bankruptcy they WOULD be able to maintain them through a combination of SSDI + the part-time job (keeping hours below the SGA limit of $1620/mo).
If the aforementioned part-time job went full-time, that would also allow them to pay these key bills related to primary residence & vehicle.
Question 1: Their state has an unlimited homestead exemption for primary residence, but the HELOC has been in forbearance. Will not being up-to-date on that put their home at risk? (They owe $30k & are $4k behind - which the creditor wants as a lump sum payment. They plan to file a request for further forbearance this week.)
Question 2: I read that they cannot pay creditors “preferentially” leading up to filing - does this mean they cannot get this “caught up” to protect the asset in bankruptcy?
Question 3: The vehicle they are upside-down on. They need a vehicle, but not necessarily THAT vehicle so if it has to go it’s not the end of the world. They owe $25k & it’s only worth ~$10k. Is it worth fighting to keep this?
The remainder of the debt is solar panels, credit cards, phone, etc.
Question 4: We are reaching out to legal aid & several local attorneys this week. What questions should I ask to help select a good bankruptcy lawyer?
Question 5: How likely is pro-bono representation? Without it, how much would representation in a case of this complexity level likely cost?
Question 6: I have roughly $1k to assist this person. I was planning to use it to cover their property taxes, to prevent a lien or foreclosure proceedings. Is this where I can best help them at the moment?
ETA: Sorry, hit submit too soon. Also edited to ensure my questions were within the group rules.