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Friel stafford personal insolvency vs bankruptcy

friel stafford personal insolvency vs bankruptcy

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Son, M Boston, Mass. Bates a Co. Micbif 1,1,1. Buffalo, N. V I iven to colled ions. Andrus Bldg. Brown William A. Offices, Manhattan Building, St. Paul, Minn. Howard Morphy, Barrister at-Law. British Vice-consul. Frank H. Ewing, John M. Bradford, W. Special attention paid to Canadian businesc. Fourth St. Abbott John B. Edwards A. Wilson Henry J.

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Cable address, "Way Pittsburgh. Wat, Albert J. Walker, Ai. References : R. Hospital Trust Co. Special attention to business of non-residents. Estates settled and managed for foreign heirs. Collection Department Is thoroughly organized and equipped, with full force of clerks and complete records for past ten years.

We number the lead- ing forwarders among our clients. Hammond Chas. Special attention given to Commercial Law. Corporation, Commercial, Realty and Mining Law. Depo- sitions. General Practice in State and Federal Courts. Special attention to Canadian business. District Judge, Seattle, Wash.

Western Union and Lieber's Codes. Address, Alendall. Mining, Corporation, Insurance and Probate Law. References : Hon. Cable Address, " Shine, Spokane. Franc-is Bloodgi Jackson H. Ken icis BloodROod, Jr. Befer to an] Bank, Trust Co. JVuchlanb, flcto Eealanb. Skortland St. Woolley, 1 Greal Winchi old Broad St.. Commissioner for Oaths for Canada. Solicitors and Notaries Public Edinburgh, s 1 I. Kdinb n. Hbratius Bonar. William Constable Hunter. Toronto Agents, Messrs. Cable Address, " Bonar Edinburgh.

For British and Colonial Affidavits. Cable Address, "Butmac. Edward Henry Butler, Xotary Public. Charles William Butler. Special attention given to Mining, Land and Kail- way matters. U'nnuon- Snglanft. Barrister and Solicitor. Admitted to Practice in the Privy Council Oommii ind. Code used, A.

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In financial strength it is second to none. Gabtwbight, in the Office of the Minister of Agriculture. Fredericton vii St. Sydney Windsor.. Hartford xxx. Is xxxiv Mount Clemeiib xxxiv tv-vac Sault Hte. Louis xxxv Milwaukee xliv JForrign. Hong Koiu Europe. Brussels xliv Paris xlvii kcat Britain aub Jrelaub. MelbouriK xlvi N l n Znuvii. Ames, A. Bookbinding Dept. Oinrtforigbt, Esq. JBrttieb Columbia:. The Honorable Sir H. The Hon. Justice Sedoewick. Justice Giroijard.

Justice Davies. Justice Mills The Hon. Justice Armour Five. Cameron, K. James Lawson, Registrar's Clerk. Bugh, K. Masters, K. Coutlee, Assistant Reporter. Davis, Chief Justice's Secretary. The main requisites of jurisdiction are : 1. That the judgment should be a final judgment. That a cause should originate in a Superior Court of original jurisdiction, S. That the appeal should come from the highest Court of final resort.

To all these requisites there are many exceptions which could only be satisfac- torily explained by referring at some length to the statutes regulating the jurisdiction. See R. Some of the important exceptions are as follows : in By consent of parties, or by order of the Supreme Court or a Judge thereof, appeals may come per saltum from the Court of original jurisdiction see R. This exception does not apply to appeals from the Province of Quebec.

These may be brought in appeal to the Supreme" Court. See 51 and 55 Vic. The Supreme Court holds three sessions yearly, the first beginning on the third Tuesday in February, the second on the first Tuesday in May, and the third on the first Tuesday in October.

The case in appeal must be filed 20 clear days before the first day of the session at which the appeal is to be brought on for hearing. The factums, or points for argument, must be filed 15 clear days before such day, and the appeal be inscribed 14 days before.

Solicitors practising before the Supreme Court, and unable to attend personally, are expected to appoint agents whose names must be entered in a book kept for the purpose in the Registrar's office to look after the various matters which may require attention in the course of an appeal. Louis A. Audette, Registrar. Chables Mobse, Dpty Registrar. The Court sits at Ottawa every Monday at 11 a. The Court exercises its jurisdiction throughout Canada and the waters thereof, whether tidal or non-tidal, or naturally navigabli artificially made so.

Island, with a it the City of Char! Bach of these districts is presided over bj a local Judge in Admiralty of the Exchequer Court, who has within Ins district the jurisdiction and the po authority relating thereto, of the Judge of the Exchequer Court ha admiralty jurisdiction of that, Court. TheGovernor in Council is also authorised to ap I foi r portion of a distriol a Surrogate.

Pi lie Matt. Boston, U. W:ir reu. Charlottetown, P. Halifax, N. Des Barres. Liverpool, Eng. London, Eng. Birkett, S. Blake, E. Day, T. Cato Warsfield, Ro- bert H. Melbourne, Australia. Grant, II. Gourlay, R. Montreal, Que.

New Westminster. Ottawa, Ont. Bligh, J. Lawson Paris, France. Quebec, Que. Charle hois. Retina, N. Wat- son. O Stockton. Sydney, Nova Scotia. New South Wales. Toronto, Ont. Vancouver, B. Westminster, Eng. Winnipeg, Man. Melhonnie Jos. Wolfe, for British Colunibia, Manitoba. Ontario, Quebec, ami Nova Scotia. Sydney, N. Hobart, Tasmania, Charles W. Butler, for Ontario and Quebec.

Blake, IT Victoria Si. For Manitoba s. Blake, IT Victoris St. Dodssor i Winchester St, B. For New Brunswick s. Blske, IT Victoris St. Dodgson, 4 Greal Winchester St. For Nova Scotia — S. Blake, 17 Victoria St. Bischoff, 4 Great Winchester St. For Ontario — S. Blake, 17 Victoria St.. Bischoff, 4 Great Winchester St.. C Bompas, 4 Great Winchester St. Coxe, I Greal Win- chester St. For P.

Island — P. I Great Win- chester St. Dodgson, I Great Winchester St. For Quebec — S. Bompas, 4 Great Winchester St. Yukon Territory — J. Colmer, 17 Victoria St.. Bell, for Ont. Purvis for Ontario. Wilson, for Ontario. Jones, for Ontario. Good, tin- Ontario. Burlington, Vt, E. Knott, fur Quebec. Chicago, King, for Ontario. Detroit Mich. Hislop, for Ontario.

Grand Rapids, Mich. Scratchcrd, lor Ontario. Unwell, tor Ontario. Los Angeles, Cal. Cochran, for Ontario. Louisville, Kentucky, J. Chatterson, for Ont. Minneapolis, Minn, H. Baxter, for Ontario. New York, Win. Hardeu- brook, for Ontario. Philadelphia, IViin. Hunt, for Ontario. Pittsburg, Pa. Buchanan for Ontario. El- wood, for Ontario. San Francisco, Cal.

Peddar, for Ontario. Spokane, Washington P. Shine, for Ontario and Britisb Columbia. Watertown, Dakota, A. Harvey, for Ontario. Tiffany Brantford, W. Livingston Hamilton, W. Logie Toronto, G. Toronto, P. Anglin Ottawa. McLean Macdonell. McCarthy, r. Tiffany Belleville, J. Wright Hamilton, W. Burton, j[. Carscallen, K. Ottawa, F.

Belcourt, K. Holman, W. Tre- meear, J. Clark, F. Angus, To- ronto. Massachusetts, A. Downey, Toronto. Minnesota, Geo. Angus, Toronto New York, Alex. French, K. Wright Broekville. Angus, Toronto Rhode [aland, A. Thomaa a w. Oak I. Manbey Stockton,. M Stui Winnipeg, I'. EJerbacfa a. John, Ed. B Alex. Barnhlll N. Scott Brandon, A. Sifton Calgary, E A. Baines Bdmonton, II. Bleeker Lethbridge, a.

Moffatt, Jr. I laniel Pilot Mound, W. Boultbee Regina, P. Barker Saskatoon, T. Yarmouth, B. Carter, W. White, M. Hutchi- SOU, s. Mac Master,. Macdougall, D. Quebec, K. Conn in. Ontario— 1". Kave, St John. John Kerr, S:. Nimimi m. Vermont — John Kerr, St. For New Brunswick— J. Chisholm, Halifax; t'iias. For Newfoundland — J. Chisholm, J. Halifax; A. McEaehren, Sydney; II. Woseley, North Sydney. Foi: Ontario — T. Rit- Chie, Halifax: E. Cle- ments, Yarmouth For Quebec — Thus.

Rit- chie, Halifax. For the State of Mas- sachusetts— Byron A. British Columbia— F. Lyman, K. McGibbon, W. White, E.

Guerin, S. Jacobs, A. Claxton, Montreal. Manitoba— Robert D. Mc- Gibbon, K. Carter, K. Jacobs, Montreal. Newfoundland — Peers Davidson, F.

Curran, W. Guerin, Win. Morris, D. McDougall, Mon- treal; J. Dunbar, W. Gibsone, Quebec. Nova Scotia — F. Ly- man, K. White, S. Jacobs, E. Guerin, Montreal. Ontario— A. Duclos, Hull, A. Atwater, R. Light- hall. White, J. Blair, 1". Laverty, I'. Mitchell, D. Mac- Master,. Macdougall, s.

Prince Edward Island W. Walker, E. North-W est Territor- ies— W. Robinson, E. Huff, Montreal. Md lormick, Montreal. John's — D. Brown- ing, Geo. Adams, 1.

Kent, S. Stabb Brigus, J. Thompson Burgeo, J. Cunningham Bell Island, T. O'Donnell Carbonear, Alf. Penney Channel, R. Squarey Grand Bank. Eorsey ireensford, I. Mifflin Harbor Briton, P. Hubert Harbor Grace, W. Lynch Placentia, W. George's, R. Macdonnell St. Mary's, W. Lilly Twillingate, F. Sicotte, Charles R. Dou- cet, Montreal. Commissioners under the Na- turalization Act. IIjc E-tfratotum Mt. In Canada, as in all other British possessions, the Extradition sysicin known as the "Judicial system" prevails.

By this system, while the Executive Governmenl decides finally the question of delivery and makes the delivery of the fugitive, the judicial authori- ties make lie preliminary investigation of the criminality of the person whose surrender is sought.

The authorities competent to make the preliminary investigation of the crime are mentioned in R. Such commissioners have all the powers and juris- diction of ;uiv Judge or Magistrate tor the purposes of - rhe l. It also prescribes what evidence shall he sufficient to justify the committal.

The crimes for which extradition may be granted are limited to those specified in the treaties which Great Britain has on the subject with the various countries of the world. It seems pretty certain that extradition without treaty can- not he granted under the. The prisoner Having been duly committed for surrender, the committal is notified by the Judge or Commissioner to the Minister of Justice; hut fifteen days must elapse before the Minister of.

The requisition generally states the name of the officer who la autho ceive and take charge of the fugitive ami convey him to the foreign country, ami the Minister of Justice's warrant i-- nddressed to such officer ami to the sheriff or oilier officer having the custody of the prisoner. In connection with demands for the extradition of fugitives from any country having a treaty with Great Britain, it may be stated 'hut. Jo the fugitive, and to tarnishing to the parties seeking the extradition a warrant of recipiaa directed to the officer who is to take charge of the prisoner.

The demand or requisition is made at the request of the Provincial Government concerned, the Provincial authorities being charged with the administration of criminal justice; if made at the request of an individual or company, the Dominion Government require to be indemnified against any expense in connection with the proceedings.

Of course, any authentication of documents or official signatures required is given by the Dominion; also, any certificate, etc. It should be remembered that the signatures and seals of Provincial officers have to be first authenti- cated by the Lieutenant-Governor. The Canadian Extradition Act simply gives the procedure in this country.

The crimes for which fugitive offenders may be extradited are contained in the various treaties in subjoined list. Fugitive offenders may be extradited from and to the United States as follows: All persons who, being charged with the crime of murder, or Rssault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper. Manslaughter when voluntary. Counterfeiting or altering money; uttering or bringing into cir- culation counterfeit or altered money.

Fraud by a bailee, banker, agent, factor. Perjury, or subornation of perjury. Rape, abduction, child-stealing, kidnapping.

Burglary, house-breaking or shop-breaking. Piracy by the law of nations. Revolt, or conspiracy to revolt by two or more persons on board a ship on the high seas, against the authority of the mas- ter; wrongfully sinking or destroying a vessel at sea, or attempting to do so; assaults on board a ship on the high seas, with intent to do grievous bodily harm, Crimes and offences against the laws of both countries for suppression of slavery and slave-trading.

Obtaining money, valuable securities, or other property by false pretences. Wilful and unlawful destruction or obstruction of railroads which endangers human life. Procuring abortion. Extradition is also to take place for participation in any of the crimes mentioned in this Convention, or in the Tenth Article in sub- joined list, provided such participation be punishable by the laws of both countries.

Akin to the subject of extradition is the surrender of fugitive offenders from other parts of His Majesty's dominions. This is gov- erned by R. Extraction iHommissioncre throughout the Bominion of ffanaba. R] 8ID1 N I. Battleford, N. Niagara Falls, Ont. C Sherbrooke, Que. Victoria, H ' Windsor, Ont Name. Hugh Richardson.. Choquete 20th Thomas Stinson Jarvis.

Albert Edward Heck.. Edgar Dewdney. Alexander Bartlett April. Dec, 1 - July, October, March May, August, April, October, Treaty of May 20th, Brazil Treaty of November 13th, Columbia 27th October. Denmark Treaty of March 31st, France Treaty of August 14th, Germany Treaty of May 14th, Treaty of December 7th, Italy Treaty of February 5th, Liberia 16th December.

Netherlands Treaty of September 26th, Switzerland Treaty of November 26th, Tub Treaty of March 2rtth, This petition should he addressed to the Secretary of State at Ottawa and signed by one or more persons, with any documentary evidence or letters regarding the previous character of the prisoner, etc. The matter is then submitted to the Department of Justice, where full enquiries are made into the case, and the papers are subsequently laid, with the advice of the. Minister of Justice, before His Excellency the Governor-General, whose pleasure is communicated by the Secretary of State to the parties interested and to the Warden of the Penitentiary or Keeper of the Jail as the case may be.

In capital cases, the Judge, after sentencing the prisoner, for- wards uiid. T the authority of Section of "'The Criminal Code, ," a copy of the evidence and his report to the Secretary of State.

Any application for the commutation of the death sentence should be addressed to His Excellency the Governor-General in Council, through tlie Secretary of State, in the form of a petition setting forth reasons for such application in various paragraphs, etc. The application or applications are referred to the Minister of Justice, and are there carefully considered and submitted by him. Where a remission of a fine is sought, action is only taken upon the report of the Department concerned — for instance, the Depart- ment of Inland Revenue.

Customs Department, etc. Sn7 ,Cap. Pater son Mather Act. Allen W. Mills W. McMurrich, O. Allen J. McLeod Edwin P. Bremner W. Beck North Portal, N. Coutts, N. Huntingdon, B. Gretna, Man. Emerson, Man. Fort Krie, Out. Sault Ste. Marie, Out. Niagara Falls, Out. Windsor, Out. Bridgeburg, Out. Nelson, B. Greenwood, B. We have more or less agreed, that this is it. If this works, fine. Good, sounds sensible. Cant see anything wrong with it as long as you watch out if they suddenly ask YOU to sign something at the last minute.

If they say "no way", then at least you gave it an honest try, and good to hear that you DO have a decent-ish chance of future credit in the UK if things go absolutely nuclear. Is only one bank? Just do the math and check carefully to see if any haircut works out or not on your spreadsheets - no point committing to lesser payments that are STILL too much.

Careful if in return for the haircut, they look for YOU to sign anything, so keep your wits about you. And this leaves husband free to look after the kids or not, depending on whether work turns up, whether in the UK or not?

I think if you present your case carefully and forcefully and hammer home your strong points rather than JUST asking for mercy, you have a good chance of a good deal. Basically its more or less the position we saw before you rang FS, but good to know they didnt point out some enormous pitfall we had not seen.

As they say and as I said previously, it all depends on the mood people are in on the day etc. They may well blink!

Let's hope they do Cash King! In a way I'm a bit relieved. We know what route we are taking now. Now to do the figures. We have a friend coming to see us on Thursday to go over it all - he is an accountant in liquidations etc, etc, and he might have some more advice for us. He is going to put us in touch with a good solicitor as well so hopefully we just might be able to wade ourselves out of this CK - thank you again for all your help - you really have been very good and have given our problem so much of your time, I can't thank you enough Just looking up on something you mentioned Dont know what happens if they cant physically find you to deliver the summons I'm sorry for butting in here but I have been following this thread with interest.

I wondered if you might like another point of view. You might reconsider Irish bankruptcy for your husband. This would stop the outgoings for all of his debt payments and you would then be able to support your family on your salary. You would incur no childcare costs as he could continue to be resident and care for the children. The downside is that the debt will stay with your husband for 12 years and his credit will be rubbish though it's probably pretty savaged as it is anyway.

But there are two aspects to this: one, credit is what got you into this mess in the first place. Rather than looking at as "my husband won't even be able to get a 5K car loan in five years" it is possible to simply save the 5K over five years and buy outright. In other words, I would worry far less about protecting credit you cannot afford to use anyway.

Point two, your debts are separate, and you yourself have good credit and a job here. When the economy recovers and it will you should be able to sell the property in your name, see a profit, and buy another property to live in with a mortgage in your name if that's a priority for your family. As a married couple you are in a much more resiliant position than many other families with fully joint debts.

Eventually your husband will go back to work. Deductions for the bankruptcy will be both reasonable and time limited. Things will ease. In the interim, you will know where you stand, the creditors will stop calling, your monthly outgoings will be manageable, and you will not be faced with financial demands you cannot meet despite your best efforts. It is worth noting that we call it "declaring bankruptcy. You are in fact already bankrupt - you are, aside from a small and legally allowed amount of savings, insolvent.

Putting the paperwork behind that is not the worst outcome in the world, and is a choice with some positive points. I apologise if I've misunderstood something, it just seemed to me that you were trying to avoid an outcome that maybe, is perhaps not really so bad given your situation.

Whatever you decide to do, good luck to you! Havent posted on here in a long time but have read this thread with some interest. Some points - I agree with Helle Belle above.

At this point in time you should not even be considering borrowing in the future. Debt has caused you all this anguish and stress so you should be looking to put yourself into a position where you dont need to worry about monthly repayments any more. No more calls from your creditors! You will then be dealing with the official assignee of the courts, their role is to deliver the best possible value for all your creditors. If there is no equity in your assets they wont waste much time on it.

Over time they will sell the assets and your unsecured creditors can share what is left over if anything. As outlined this is a legal process and is not a reflection on yourself as a person. Let them register their judgment if they wish; not sure if this will damage your credit rating are you party to debt , if it does you may wish to deal with it.

I would find it hard to beleive this is a live option. Time is your friend in this instance. You will have an opportunity to deal with your issues and at any point if you repay the debts the bankruptcy will be discharged. The official assignee is swamped with work and your case looks to me like it will go to the bottom of the pile as there is little equity to be had!

If I were in your shoes I would seek to do the following; this may not be fully ethically or morally correct position to take - Go to secured lenders and tell them you cannot deal with the issues any more. Bring a sworn by your Solr statement of assets and liabilities with you incl statement of means.

This should give them comfort that there is little to be had out of you and they may decide to go down this route and cut their losses without incurring legal fees etc down the line. Tell them you are going into bankruptcy if they dont accept it; they will not want this as the official assignee will have control of the asset and it wil lbe taken out of their hands for years.

Good luck with your situation, hope it all works out. Things have taken a different turn. BOI really had no interest in taking any percentage of my husbands house I didn't really think they would anyway. But what they have agreed, for the moment, is to reduce his mortgage repayments to per month this includes the 30k top up, and the insurances.

The income from the house per month is I asked my husband to ask them about the 'difference'. I was advised by him my husband that the bank said that they would just as such let the arrears build up in another separate account, for him to pay back when he can. I was waiting to hear about extra charges attached to the arrears, but didn't hear of anything, until a letter came in the door from BOI confirming the new arrangement. In this letter they outline that there will be charges attached to the arrears.

Recently though, I have heard on the news that there is talk of the banks being told to stop these charges, but I don't believe anything has of yet been done about them.

Re the bankruptcy idea, the first one is Ireland. This is a no go - we can't afford to go bankrupt anyway! Hells Belle - you are completely correct, we are insolvent. Re the other BOI debts - we are basically at a crossroads. He sees black, I see white. I have told him that if I can't reach a compromise with him, then I feel I have no option but to step back from it all, and let him deal with it.

I have not got the strength to have the constant same endless discussions with him day in day out. I realise I have gone off on a tangent, re the other BOI debts - he is basically going to 'wait and see', as in speak to BOI to tell them that he has no money, is at home looking after the kids, while I am at work.

He phoned them again today and left a message. Re the MBNA cc - a letter arrived last week, stating that his account is to be written off and he is also going to be put on the defaulters list along with the ICB list. We have agreed that if all comes to all and court is threatened, then we will go to the UK, but I think that he is still going to fight this - how, I don't know, as the outcome is inevitable, but I will help him where I can. I have not made any payments to any of his debts in the last month - he agrees with this.

My salary is for the kids, the house etc, etc. CK - thank you again. You have a point - what if they can't find you?? Again, Hells Belle and dancarter, thank you too. Last edited: 14 Jul Shuttleworth Registered User. At the end of the day it is he who is in debt and not you. You cannot make him do anything, all you can do is not end up paying his debts with your own money. If you agree that your salary is not to be used to pay his debts I suppose that is progress, and you can dare them to make him bankrupt.

Yes he may indeed try to kick to touch, but this is what I meant when I said there was no point dragging it out if there is still no real chance of actually paying anything off. I cant say whether he will get to pay anything off or not, you will just have to judge that for yourselves. Cant know yet if the bank will write these off or not. If the amount of the debt keeps going up and up, how is that better than going bankrupt?

I know, he is the one who has to answer that. Dragging it out for say 3 years more and THEN going bankrupt or being forced to go bankrupt by the bank is just adding 3 more years to the duration of the problem?

If the bank say that the balance is increasing but they wont bother suing for it yet they have the option to make him bankrupt at any time. The bank dont want to crystallise the loss, on the books everything is still hunky dory and the loan is "performing" - tells you how much faith we should have in the banks' figures but that is a whole other thread.

Interested to hear that MBNA are "writing it off" but I expect they will be back in a flash if they got a notion the money was there - this is where the Statue of Limitations will come in?

I hope though with the lesser payments to bank and with no payments to MBNA things are more tolerable now? PS - I wouldnt bank on them not being able to find you, that was only a what if scenario.

If you go about your legit day to day life anywhere in the EU without wigs and changed names I reckon a PI can track you down in less than a month if he is put on the case.

Thanks Shuttleworth and Cash King - problem is I believe that my husband just cannot seem to see the wood from the trees. As I said, we are completely at a crossroads and I believe I know which is the best way for us to go, but he just cannot see it.

I'm starting to think that I'm losing it and that he thinks that I'm trying to control him and that and maybe he is right. I just don't know anymore. I really do not know how much more of this I can take. I'm hitting a brick wall, with every single thing I say. Alas you are now going into personal areas that have little to do with the facts of finances. Not really a lot anyone on this site can do then except offer good intentions.

Had said in an earlier post that a lot will come down to his attitude and what sort of man he is when faced with the facts, and does he accept taht what is best for the family the best way forwards. Most men instictively feel awkward and defensive when it is the woman who is bringing home the bacon.

Maybe its earlier days yet. But I think that as long as you yourself can keep a clear head, as long as you dont pay for his debts, and as long as he helps look after the kids for as long as he doesnt have a job, then you are doing something right? If he wants to dare the bank to bankrupt him and until then keep hoping for a lucky break, then it might work out. Most likely scenario is the bank will put big pressure on him somethime in next couple of years and it will come to a head then.

You wont be any worse off other than the dragging out of the whole thing, and at least he cant blame you for pressuring him, wondering what might have been. Stay strong and stay sane and keep your own head above water and look after the kids. Marietta Frequent Poster. Hi Coleman, I have been following this thread with interest and I am amazed at your resilence in the face of the challenges you are facing. It is an extremely difficult time for you and your family and especially because your children are so little.

I would worry for your husband, he is very vulnerable, there are many tragedies occuring out there in the wider community. It is a horrendous and stressful thing for an individual to have the face the trauma of having huge bills coming through the door everyday and having no money to pay them with. Take a step back and see what is most meaningful in your life, give him space, if need be contact one of the many 'helping agencies' to talk over your problems.

Take care and be gentle on yourself. Thanks CK and Marietta.

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