want to file alon

[helpsoneeded]

Why did the first lawyer tell me he would not help me unless i filed with my husband. He does not want to file and i dont want to force him I have 67000 . cc debt just in my name and he has 39000 that is in both are names but he's the primary on the accounts. I just want to file on the accounts in my name only. I thought it was my right to file alone. Thanks for any advice...

[BKOnce]

Probably because:

1. He lazy (to split numbers)!?

2. Easier for him to file both than single out!? Easy money!?

3. He is a Chicken, afraid of trustee objections, dismiss, etc.!?

[BKTango]

It is your right to file alone and you can certianly do so. As far as the lawyer telling you that he would not help you unless you filed together...perhaps it was a possible looking into your future, trying to help you thing. To a lawyer honestly, it makes more sense for you both to file, instead of just you filing when it will still leave your family with at least $39,000 in unsecured debt. You have to look at it as a business situation. Would you go through all the trouble to have a fresh clean slate to start with, only to go through all the trouble and walk away still owing $39,000? The answer if considered properly would be no. That's how a lawyer would look at it.

You can file alone, there is a lawyer out there that will help you. Make a few more appointments with some different ones for consultations. But, be forwarned, they may all give you an odd look as to why your husband doesn't want to file and leave your family with that much debt. That's not saying they won't help you, they will just scratch their head and wonder why. Because it doesn't make sense financially.

[lrprn]

Why did the first lawyer tell me he would not help me unless i filed with my husband. ... I thought it was my right to file alone.

You do have the right to file alone, but it's possible that given your circumstances that may not be a good idea.
You say you have $67,000 in credit card debt that is yours alone. Have you pulled your credit reports to see if these accounts are showing as belonging only to you?

Also depending on what assets (home, cars, other property) are in both your names, how much equity you have in them, and the state you live in, if you file alone it's possible you could be jeopardizing these assets.

Also if you live in a community property state, any debts that you have that were accrued during the marriage belong to your husband as well. The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Do you live in one of these states?

You've only talked with one lawyer. Set up appointments for free consultations with 2-3 other bankruptcy lawyers to see if they tell you something different.

[mvanz9999]

I would definitely talk to a few more attorneys. Don't take the first one without talking to others. That's what I did. I think I talked to 3 before I was satisfied.

If you get the same answer from all of them, you might need to rethink it. Also, do not be afraid to press them on why they are advising this.

Remember, they work for you.

[freshstart06]

do live in a community property state??? I considered filing alone but was told by lawyers and my paralegal it was best to file together since we live in a community property state. you have to consider if you clear your credit, your husband's creditors can still come after you. But to be honest you can do what you want to do.

[JollyGG]

He does not want to file and i dont want to force him

To be honest, until I found myself here, I never really understood bankruptcy. I didn't know how it worked or what it entailed. I just knew it was a bad thing. Once I got started I was surprised by how simple and necessary it really is. We ourselves are really who makes things difficult and stressfull. Really bankruptcy is a rather straightforward process. However, it was a process I didn't understand and was scared of. Is there any possiblity that a little more education would sway your husband. Perhaps put him in charge of helping figure out a workable budget (including paying for his credit cards and then one without it), can he go to a few consultaions with lawyers with you, could you get him on this board.

Even once I understood what bankruptcy is, how straightforward it is, and that it was something that we needed to do, I still thought our credit would be ruined and we would be hurting for 7-10 years. It wasn't until I did some internet searching and came here that I realized that life goes on and your credit, self esteme, and purchasing power will heal.

Have you talked with your husband about why he doesn't want to do this?

[helpsoneeded]

Thanks for the feedback. I live in NY. The reason that i want to file alone is that i qualify for a chapter 7 because on the means test i can deduct the amount of my husbands income that is not used for household expenses. If he did file, we would have to do a 13 and was told that we would have to pay 1800 a month back for 5 years and there is no way we could do that. We dont have any equity in our home due to a second morgage that is in my husbands name only and we have 2 vehicles in his name only too. One is paid for and the other has a loan on it. The way i'm looking at it, is if i could get rid of my debt, we would be in better shape to get his paid and he would still have good credit to move on with our lives. He doesnt want to file because of ruining his credit and deep down just really doesnt want too. This has been very hard on both of us...Thnaks again!!!!

[BKOnce]

Divorce is the only answer. Divorce, file alone, then re-marry.... but ofcourse, if that considered as planned fraud or not!?... depending on how clever the pre-meditated scheme both H + W team can pull it off under trustee's well-trained radar-eye!?..

[lrprn]

Thanks for the extra information, HSN - very helpful.

You don't live in a community property state - that's good. Do go see several other bk lawyers in your area. You could get a much-different interpretation of your situation. Keep us posted on what you find out - hope everything works out so you can file Ch 7 soon.