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Can I file Ch7 on myself only without my wife?

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    #1

    Can I file Ch7 on myself only without my wife?

    Can I file for chapter 7 without my wife being included? I would only be filling on items that have my name on it. Is this possible?
    Thanks

    ALSO - Will this hurt her credit standing in any way, if I can file on just me?
    Last edited by tealk; 04-14-2010, 06:23 AM.
    Tags: None
    #2
    Yes.

    The only information they will require from you is her income as it goes to "household income"

    No it should not affect her credit in any way if you are only attempting to discharge things in your name only. The credit scores no longer are affected by "authorized users" i believe. If I recall they credit agencies changed that a few years ago.
    Last edited by helpinfla; 04-14-2010, 06:28 AM.

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      #3
      just make sure you don't have shared debts. IF you guys do, it will fall only to the non filing spouse.
      This Forum is better than any lawyer I met.

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        #4
        Originally posted by chriselle View Post
        just make sure you don't have shared debts. IF you guys do, it will fall only to the non filing spouse.
        By this you mean debts like credit cards that are in both of our names? If so, I will only be filing on debts that are ONLY in my name and not joint.

        Or should the credit cards that have my name and my spouses name on them also be paid off before filing?
        Last edited by tealk; 04-14-2010, 09:08 AM.

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          #5
          Originally posted by tealk View Post
          By this you mean debts like credit cards that are in both of our names? If so, I will only be filing on debts that are ONLY in my name and not joint.

          Or should the credit cards that have my name and my spouses name on them also be paid off before filing?
          You don't have a choice about which debts to "File on". You have to include all of your debt / creditors in a bankruptcy filing.

          Any that are joint with your wife would only wipe out your responsibility to pay them, not your wifes.
          Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
          I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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            #6
            Originally posted by newbie2 View Post
            You don't have a choice about which debts to "File on". You have to include all of your debt / creditors in a bankruptcy filing.

            Any that are joint with your wife would only wipe out your responsibility to pay them, not your wifes.
            OK. So I only have 1 credit card that has me and my wife on it. And that will be paid off at time of filing. Then I should be ok?

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              #7
              Originally posted by tealk View Post
              OK. So I only have 1 credit card that has me and my wife on it. And that will be paid off at time of filing. Then I should be ok?
              No Cars? No Mortgage Notes? No "other" loans? If the answer is no to all of them then correct you are set.

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                #8
                Yes there is 1 car...but not going to file on that, and house we are not filing on either. No other loans.

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                  #9
                  maybe I confused the situation with my answer.

                  Does the car have a loan on it that is in both your names? Does the house have a mortgage note that is in both your names?

                  Comment

                    #10
                    Yes to both those questions.

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                      #11
                      As the others have posted, you don't get to "pick" which debts you want to file BK on. If you have loans, credit cards, mortgages in BOTH names, the creditors can go after her or they can go after the any equity you have (if you have any). Are you in a "Community Property State?"
                      May 2008 Hired 1st Attorney/Stopped paying CCs
                      May 21, 2009 Retained 2nd Attorney
                      May 28th - Filed for Ch 7 (FINALLY!)
                      9/11/09 - DISCHARGED!!!!

                      Comment

                        #12
                        Yes I understand that, but I am planing on keeping my house and my car. So I guess that would mean I would be affirming those.

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                          #13
                          Then it will impact your wife & her credit.

                          When you file BK, you file on all debts. You don't get to pick and choose. Your creditors will be notified, and all be affected. You can most likely still keep those secured debts (pay on time, etc.) but they will be included.

                          Originally posted by tealk View Post
                          Yes to both those questions.
                          Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
                          (In the 'planning' stage, to file ch. 13 if/when we have to.)

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                            #14
                            I'm married but filed indiv and I had to include all debts even the one I have as joint (which) we will pay off after discharge) Are you not filing jointly because your spouse has no debt and still have excellent credir, because that is my situation now plus my wife doesn't want to ruin her credit for 10 yrs. There is also a thread in general bk that talks about filing indivual in a community property state if you are in that category. This forum has very good info and many educated people in your situation, good luck!
                            Retained lawyer: 3/30/10
                            Filed Ch. 7: 4/07/10
                            341 Meeting: 5/19/10
                            Discharged: 7/26/10

                            Comment

                              #15
                              Originally posted by OutofTime View Post
                              I'm married but filed indiv and I had to include all debts even the one I have as joint (which) we will pay off after discharge) Are you not filing jointly because your spouse has no debt and still have excellent credir, because that is my situation now plus my wife doesn't want to ruin her credit for 10 yrs. There is also a thread in general bk that talks about filing indivual in a community property state if you are in that category. This forum has very good info and many educated people in your situation, good luck!
                              Yes that is why I will be filing indiv. And I live in Minnesota. Am I in a community property state?

                              Comment

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