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Filing Chapter 13 to save house.....Do we both have to file?

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    #1

    Filing Chapter 13 to save house.....Do we both have to file?

    Our house is in foreclosure and we are filing Chapter 13 to stop it. My husband and I are both on the house. My husband also carries most of our CC debt. If I can avoid filing I'd like to. I have only a few unpaid CC from years ago that total less than $4,000. Can only one of us file Chapter 13 even though we are both on the Mortgage?
    We are in Ma. if that matters.
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    #2
    Yes. You can have your husband file and "stay out of it" so to say.

    There's no requirement for both spouses to file regardless if the fact that both names are on the deed/mortgage. Been there and done that myself.

    Good luck.
    No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

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      #3
      Since Massachusetts is not a community property state, isn't the stay not applicable to the non-filing spouse? I suppose they couldn't foreclose because the filing spouse is protected, but if you are stripping a second I think you could be liable for the unpaid amount even after your husband is discharged.

      We are in a community property state and most of the credit is in my name. I asked my attorney if I could file alone. He said I could, but he normally included the spouse and we went along with his recommedation. He didn't really give me his reasoning for it though. I probably should have asked more questions, but we are sick of credit anyways and don't really care if we can't get any for a while. I have to have a credit card for work travel. I have an Amex given to me by my employer as well as a personal Amex that have not been cancelled yet. If they do get cancelled, I will get a secured card for travel only. Other than that, we are living on what we make and I have enough in the savings account to pay for the work travel if I need to.

      Comment

        #4
        @RunningMan:

        I haven't seen anything in the original post in regards to a lien strip...

        That being said, I have filed by myself in a non-community-property state. No issues whatsoever.

        To OP: although you are not going to be filing, do bear in mind that your income (and separate expenses to a degree) will have to be included in all calculations. Your husband's BK process should not affect you or your credit rating per se.

        Good luck.
        No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

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          #5
          Thanks
          No Lien Strip......and no income since I'm a stay at home mom at the moment.

          Comment

            #6
            You guys (actually your husband if we want to be precise/technical about it) are good to go.

            Stick around this forum since there's a ton of good people and a mountain of great info here...

            Good luck            .
            No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

            Comment

              #7
              Originally posted by Unlikely View Post
              Our house is in foreclosure and we are filing Chapter 13 to stop it. My husband and I are both on the house. My husband also carries most of our CC debt. If I can avoid filing I'd like to. I have only a few unpaid CC from years ago that total less than $4,000. Can only one of us file Chapter 13 even though we are both on the Mortgage?
              We are in Ma. if that matters.
              The automatic stay in Chapter 13 has an added provision called the co-debtor automatic stay. If you're not going to be lien stripping, and all you're using the chapter 13 for is to catch up on missed mortgage payments, then your husband could file and leave you out of the bankruptcy and you would still be protected by the stay.
              Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

              Comment

                #8
                Chapter 13 is a complected issue you must hire an attorney for this.

                Comment

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