Should I file for bankruptcy if I cannot pay my credit card debts?

The details that are missing here are all important. How much is the total amount of your debt? What property do you own that might be vulnerable to being seized by a creditor with a court judgment against you?

Your spouse is not responsible for debts you acquired prior to the marriage unless he obtained some benefit from them or voluntarily assumed responsibility for any of them. However, federal bankruptcy law requires a so-called "means test" which requires disclosure of all income into your household for the 6 months immediately preceding your bankruptcy filing. If that calculation shows that your household is above the median income for your area, you may be required to contribute part of your spouse's future income toward the debts in a Chapter 13 bankruptcy. You can find the standards used by following links on the Oregon bankruptcy court's website. If you find that your annualized gross household income exceeds the median for a family of your size, you should contact a bankruptcy attorney to complete the means test accurately. If your disposable monthly income, after allowances for typical household expenses, falls below a certain threshold, you may still qualify for a Chapter 7 bankruptcy and avoid the repayment requirements of a Chapter 13. The U.S. Trustee's Office scrutinizes the means tests filed in all bankruptcy cases, to determine if the appropriate information has been provided and ultimately to determine if you might have the means to pay at least part of your debt. Therefore, you must be absolutely certain that you complete the means test form accurately, or you could be forced into a Chapter 13 or be denied a discharge of your debt in Chapter 7.

Whether to file or not depends on several factors: How much you owe, what type of debts, the value of your assets, have you filed before and if so when and what type of case was it, whether you have health insurance coverage and what is your household income. I would suggest that you make an appointment for a free consultation so that you can see what your options are with your specific facts. Then you could make a choice that would be in your best interest.

From your detail it appears that it might have been advisable to file before your marriage. Your spouse is not liable to pay your debts with his separate property, but all community property will be imputed to you for BK purposes. The decision to file now is a complex one that needs to be assessed by an experienced bankruptcy professional like myself.

If these were your personal debts and not your spouse, you can file bankruptcy for yourself only. The important question is what is your total combined income for your household. We need to know the gross income and net income for both of you. and the total number of dependents in the house. If it is you, your spouse, and a child, then the number is 3, etc. I need this information to better answer your question. Also, do you own a house, and/or own cars or are you making car payments. The amount of your debts (Judgments, etc) is further important for me to properly answer your question. Look forward to hearing from you.

You should schedule an appointment with a bankruptcy lawyer to evaluate your situation. Without knowing more about the amount if debt, the age of the judgments, the size and income of your household, etc. it is impossible to provide an informed answer to your question.

Generally, you can eliminate credit card debt even if there are judgments. Yes, it is worth it to file bankruptcy. And, if your husband is not an authorized user or on the account in any way, he can't be held responsible for those debts. You need to call an experienced bankruptcy attorney to see whether you qualify for bankruptcy, and how it would work for you.

Your question involves too many issues to advise you properly. I have filed cases for many people in your situation, but we must examine all of the facts of the case, including the community assets and debts, before advising you to file. In addition, you need an expert to determine what chapter you qualify for and what chapter would accomplish your goals.

Husband is not liable for debts you incur. You can file bankruptcy.