QUESTION
Can I file for Chapter 7 if have $15,000 in unsecured debt credit cards, payday loans, repossession, medical bills but not including my wife?
Asked on Sep 05th, 2012 on Bankruptcy - Virginia
15 ANSWERS
Bankruptcy Attorney serving Livonia, MI
at
Charles J. Schneider, P.C.
Update Your Profile
If you qualify yes.
Answered on Jun 27th, 2013 at 11:57 PM
Daniel James Wilson
Yes.
Answered on May 22nd, 2013 at 4:06 AM
Family Attorney serving Hurst, TX
at
Law Office of Eric A. Maskell
Update Your Profile
Yes, depending on the means test analysis. Bankruptcy allows an individual to file but still takes into account the household income.
Answered on Sep 11th, 2012 at 2:07 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
If the bills are only in your name yes. But her income will be considered in whether it should be a 7 or 13.
Answered on Sep 11th, 2012 at 2:06 PM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
Update Your Profile
The effect on your wife will depend on the state where you live and the debts incurred while married. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Sep 11th, 2012 at 2:06 PM
Bankruptcy Attorney serving Seattle, WA
at
Symmes Law Group, PLLC
Update Your Profile
Yes, you can file just by yourself, however your wife's income will need to be included to calculate your household income and if you incurred any of the debts while you were married she may still be liable post bankruptcy if you live in a community property state.
Answered on Sep 11th, 2012 at 2:05 PM
Bankruptcy Attorney serving Overland Park, KS
at
The Smalley Law Firm, LLC
Update Your Profile
Yes, you can file for Chapter 7 individually even if you are married. However, your wife will still be responsible for any debts that are in both of your names.
Answered on Sep 11th, 2012 at 2:04 PM
General Practice Attorney serving Crystal Lake, IL
at
Bruning & Associates, P.C.
Update Your Profile
It is possible to file for a chapter 7 bankruptcy to discharge the types of debts you are talking about. If your vehicle has been repossessed, though, it is unlikely that filing for bankruptcy will get the car back for you it can, however, eliminate any leftover debt after they sell the car to satisfy the loan on it. You can also file for bankruptcy without including your wife.
Answered on Sep 11th, 2012 at 2:03 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
Consult with a bankruptcy attorney in your area. You may not be able to file a chapter 7.
Answered on Sep 11th, 2012 at 2:03 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
at
Sisson & Kachinsky Law Offices
Update Your Profile
Yes. It would seem that you are a perfect candidate for bankruptcy.
Answered on Sep 11th, 2012 at 2:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Maybe, you have to meet the qualifications for a Chapter 7, otherwise it a 13 installment payment and years on a government determined budget.
Answered on Sep 11th, 2012 at 2:02 PM
Barbara A. Fontaine
Yes, you may file a bankruptcy by yourself and do not have to include your spouse. This is good if your wife is not a cosigner on your debts. Otherwise she becomes the debtor. This should help your marriage, too.
Answered on Sep 11th, 2012 at 2:02 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
A husband can file without his wife, but any joint marital debt will become her responsibility and her income will be counted in the Means Test which will determine if you qualify for a Chapter 7.
Answered on Sep 11th, 2012 at 2:01 PM
Bankruptcy Attorney serving Oakdale, CA
at
Law Office of Todd Whiteley
Update Your Profile
There is no debt limit in chapter 7. Depending on whether you pass the means test, you can file as married, but filing separately or you can file jointly with your wife. There will be pros and cons to both types of filings, you will want to speak with a lawyer prior to filing.
Answered on Sep 11th, 2012 at 2:00 PM
Bankruptcy Attorney serving Hampton, VA
at
Haven Law Group, P.C.
Update Your Profile
You sound like someone whom a chapter 7 could benefit greatly.
Answered on Sep 11th, 2012 at 1:59 PM