My husband and I are about to go through a foreclosure on our house. We recently had a baby and the cost of day care has put us in debt. The house is in my name, although we bought it after we were married, and I have several credit cards that are way over pass due, I had the credit cards prior to being married. I am thinking it may be wisest to file bankruptcy on the house and my credit cards but I am clueless as to the process. What is the process for filing bankruptcy for one person in a marriage? Can it even be done?
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Can just one person in a marriage file backruptcy?
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Hi Sonrea,
Yes, you can file for BK for yourself without your hubby filing with you. Please keep in mind that if the two of you have credit with the both of your names on it...the creditor will come after the one who has not filed BK which defeats the whole purpose. If the both of you have credit that you are going to file BK on then the both of you may want to consider filing a joint BK. I hope that this helps.
Chapter 13 conversion to chapter 7 filed 5/9/06
Auction for vehicle completed!
Deed in lieu of home completed
Discharged:8/16/06 and Closed:8/16/06
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Just ignore Fedler. He's a royal PITA!
Lady gave you some good advice there. You can file seperate of your Hubby and discharge your debts.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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