filing individual bankruptcy
Date: Tue, 12/08/2009 - 03:33
Hello.
I am considering filing bankruptcy on my own for my debt, seperate from my spouse. Our mortgage does not have my name on it nor do either of our cars. We have no other joint property. Is it possible to file this way and do you recommend chapter 7 or 13? I am in debt with credit cards and medical bills.
Thank you,
~Ricoh
I am considering filing bankruptcy on my own for my debt, seperate from my spouse. Our mortgage does not have my name on it nor do either of our cars. We have no other joint property. Is it possible to file this way and do you recommend chapter 7 or 13? I am in debt with credit cards and medical bills.
Thank you,
~Ricoh
Quote:Originally Posted by AnonymousHello. I am considering fil
Quote:
Originally Posted by Anonymous Hello. I am considering filing bankruptcy on my own for my debt, seperate from my spouse. Our mortgage does not have my name on it nor do either of our cars. We have no other joint property. Is it possible to file this way and do you recommend chapter 7 or 13? I am in debt with credit cards and medical bills. Thank you, ~Ricoh |
Well, you can file separately from your spouse but you must consult the state bk laws before doing so.
However, its hard to say whether you would qualify for ch 7 or ch 13. It'd depend upon your income as well on the debt amount.
It all depends on which state yo live in. For example I live in
It all depends on which state yo live in. For example I live in Wisconsin which is a community state, therefore it is very hard to file a single chapter 7 if the debt was during your marriage. I was in your same boat. I wanted to file chapter 7 without my husband but because I live in a community state they could come after my husband for the debts that I went bk on. My attorney said that it could be done but it is very difficult to prove that the debt wasn't used for my husbands use. He also said that it depends on whom you get for a judge some will let it go while others will dismiss your case. I took his advice and filed chapter 7 jointly.
Deanna