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    Filing 7 without spouse

    I will be filing a chapter 7 without my husband. Most of the debt is in my name but we have 3 accounts together.
    1. is a joint account 0 balance
    2. I am an authorized user, we use this card occasionally but pay it off right away.
    3. Husband is an authorized user on the account, account is connected to checking account for overdrafts. Occasionally used.

    Should I remove my name from those accounts? I don't want my husband affected at all by my BK.

    Thanks!

    #2
    I also filed individually but am married.

    The lawyer (and trustee) were concerned about debts that were joint. Was he a cosigner or user on any of the accounts that I was trying to discharge? Did we have any joint debt at all?

    We have a joint account. Some banks will freeze your account shortly after you file, and if you have a debt with the bank your account is with they can take money out, but luckily we bank elsewhere and they don't have a practice of freezing accounts. So, I guess it depends.

    I wouldn't worry about accounts that don't have debt. If you aren't trying to discharge it, I don't think it matters whether you're both on it.

    Check with your lawyer, of course!

    Best of luck to you.
    A mom on the Gulf Coast of FL filing CH7 and blogging about it. http://chapter7beforeandafter.blogspot.com

    Retained Lawyer: 4/5/10. Filed: 6/17/10. 341: 7/21/10. Discharge Date: TBA

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      #3
      Hi there,

      I haven't filed yet, but will probably within the next few months. My husband and I have no joint credit card accounts, but he has been an authorized user on a couple of mine, and vice versa. We started thinking about the BK option around 3 years ago, and at that time I removed him as an authorized user from my accounts. He did the same. The only joint item we have is a Costco credit card, which we never use except for the annual fee getting charged on it (which we pay right away).

      We had a joint bank account, and I was a signer on his business account (not co-owner, just signer). In April we took my name off those accounts. At that time the bank took my debit card. I opened a checking account at a different bank last year (unrelated to BK planning, but it comes in handy now). My husband's name isn't on that account.

      I am listed on the house and HELOC (we are keeping the house for sure).

      Both vehicles (one paid for, one financed) are in my husband's name only, and always have been.

      My husband has credit cards that are just his. We are keeping those current.

      Just sharing what we have done. I think prior to filing I will have my husband either open a totally new business acct just in case, as I have a credit card with that bank. The acct should be fine, but I don't want his business $$ messed with should the bank decide to seize the funds to go to my credit card.
      Filed 5/31/11 341 & Report of No Distribution 7/28/11 Discharged & Closed!! 9/29/11
      "What I won't accept or buy any longer is that my credit score defines who I am. Screw that."

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