Bankruptcy filing single?
Date: Fri, 04/04/2008 - 07:40
I was in a similar situation to yours. I filed as an individual
I was in a similar situation to yours. I filed as an individual, as the debt I was filing on was mine solely, and my husband had nothing to do with it.
As for the furniture, you are allowed a certain amount of assets, so depending on the value of your furnishings, vehicles, etc., you are usually able to keep most, if not all of it. The laws are a bit different in every state, but I considered most of our household contents as belonging to my husband, which left me listing very few assets of my own, so there was no danger of losing anything.
You will have to use your husband's income for the financial means test, even though he is not filing. I just made it by the skin of my teeth on this, as my husband made the very most you could for a family of three. So you will need to check this out, and the attorney will also be able to advise you.
As for how quick it can be finalized, I have no answer, as mine is taking forever. My court date was Jan. 22, and I was only told today the discharge had been issued, though the trustee has yet to file a determination of assets. So, it is not finalized yet, and it's now April. My experience may not be the norm, though.
Do you own or rent your house? If you have a mortgage, they will look to see how much equity you have, and that could possibly be used towards paying your creditors. Again, your attorney will be able to advise, but it is something to be prepared for.