QUESTION
Can I file bankruptcy on just my credit cards. I am married and they are in my name only. I dont want my house and car affected.
Asked on Nov 29th, 2011 on Bankruptcy - Alabama
More details to this question:
My house and car have my name and my husband''s on them and his name is first. We can pay for them but i have lost my job. My name is the only name on the credit cards. I dont my husband to be affected and my house and car to be left alone. With my husbands income he can pay for the house and car but now i have no income i xant pay for my credit cards. We have a very sick child and she has been in the hospital for a couple of months and i lost my jib because i have to stay with her. What can i do?
1 ANSWER
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As long as you pass the MEANS TEST to file, you can file ch. 7 bankruptcy. Without steady income you will not be allowed to file ch. 13 bankruptcy. You will have to contact an attorney to discuss if you qualify for ch 7, but in your case it is most likely. As for the cards, as long as they are only under your name, then discharging them in bankruptcy will not affect your husband. The house and car will have to be reaffirmed in your filing; as long as they are up to date at time of filing, you will be fine. Just remember that you will not be able to refile for almost 10 years, so you will be responsible for the car and home after bankruptcy.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Lawhttp://massachusettslawyeronline.com/
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
Answered on Nov 30th, 2011 at 11:36 AM