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I live in California. I have credit cards debt of $37k (in my name only, my husband's is not on them). I just received a summons from one of the companies (Discover). I work and bring home about $1800/month net. My husband works and brings home about $67k/year net, but I do not want him included in the bankruptcy. We own a home in both our names. We owe about $170k for the house (similar houses in my area are selling for about $350k). I do not want to affect my house (I don't want to lose it, I am not behind of payments). I do not have any additional capital like stocks, bonds, inheritance, pending lawsuits, expensive jewelry, antique items, etc. I was hoping to file chapter 7 without affecting my husband or my house, but other people I've spoken with said that chapter 13 might work better for me, but I cannot afford to pay $700/month in payments towards this debt. I need advice (a second, third, forth opinion). Thank you,
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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There's no way to advise you on something like that in a forum like this. You need to have a consultation with an experienced bankruptcy attorney to go over all the relevant information and advise you on your options.
I can tell you that your husband's income, expenses, assets and debts must be included regardless of which Chapter you file since California is a community property state (and it's also required under bankruptcy law for determining your eligibility). That does not mean he needs to file the bankruptcy with you.
I offer free initial consultations and you can schedule an appointment by going to https://www.bklaw.com/consultmain/individual/
Answered on Oct 11th, 2016 at 11:04 AM