Confused, need some advice

[newdad822]

This is my first time here, it's good to know that there are sites like this that can give us some advice and calm us a little during this stressful time. I've thinking about filing for bankruptcy for quite sometime now. Ive been married for three years and just had a baby last February. I am about 100k in debt mostly in credit card. My house already got foreclosed and my cars got repo. Now I am being sued by chrysler daimler to garnish my wages. My wife got no debts aside from our unpaid utilities that was in her name. I wanted to file bankruptcy for just myself, will my wife be affected or still be liable for the debts? since we were married when I accumulated it? Also my wife is not a US citizen yet, my petition is still pending, can we still file jointly? Thanks.

[DeadManCrawling]

I am not sure why your wife would even want to file. If the debts are yours alone, she should have nothing to worry about.

I wish we had considered such things, and kept all debt on one side or the other, just in case. But w never imagined the need to file. We sure will do things different when we are through this.

Now, if your wife is an authorized user, there could be a potential problem.

Your wife is not a US citizen? Are you? You say your petition is pending. Is that a BK petition or a citizenship petition?

I have no idea how this works for noncitizens, but you have found the best place on the web for support and advice.

Welcome aboard!

DMC

[newdad822]

I am not sure why your wife would even want to file. If the debts are yours alone, she should have nothing to worry about.

I wish we had considered such things, and kept all debt on one side or the other, just in case. But w never imagined the need to file. We sure will do things different when we are through this.

Now, if your wife is an authorized user, there could be a potential problem.

Your wife is not a US citizen? Are you? You say your petition is pending. Is that a BK petition or a citizenship petition?

I have no idea how this works for noncitizens, but you have found the best place on the web for support and advice.

Welcome aboard!

DMC

Here are some more details. All credit cards are in my name but she's an authorized user and our utility bills are in her name. I am a US citizen and her petition for green card is till pending. That's one of my concern too. I have filed it about three years ago right after we got married. And I'm afraid that it will be affected if I file for bankruptcy. Well, that's another topic.... Right now I really need to know if I should file solely or jointly.

Thanks

[SinkingFast]

If your wife is an Authorized User and not Jointly responsible for the accts,........ The debts are yours. You can pull her out of the picture with the Creditors simply by having her name removed from the accts. She'll no longer be able to charge.

If she's just an Authorized User, you should be able to file without any repercussion on your wife. You'll wanna ask an attny to be sure, but I'm almost certain that's the case.

You should schedule at least 2-3 Consultations with attnys that specialize in BK. Generally Consults are free and you can learn a lot. Research a bit first before your visits so you can have a list of questions prepared that you'll want answers to.

[CATCHMEIFYOUCAN]

Before I filed Bk I had an authorized user on some of my debts, I took her off: just wrote the creditors a letter to take her off. I think 2 months went by that I got statements from the creditors and her name wasn't anywhere in site by the time I filed and had to show the Trustee some credit card statements.

Best of Luck, CMIYC

[whatamess]

Hello

If you have a green card you can file without any danger in your nautralization application. My husband and I were in this situation a few months ago. I am a US born cit, he was a green card holder. Lawyers all said it was fine, as long as your not here illegal. Its not illegal to declair BK, even for a resident alien. What they look at is that you are working and not on welfare. BR isnt a big deal, and I even heard that in Texas and cali that about 10% of BR are done by resident aliens! No worries, hang in there.
My husband is now nautralized, so no more trips to the INS, whoopee!
WAM

[newdad822]

Thank you so much for all the info. We got a free consultation schedule for next week. I just need to do some more research so I'll know what to ask our potential lawyer. I'll update you guys after the consultation, Thanks again.

[lrprn]

I just need to do some more research so I'll know what to ask our potential lawyer.

Here's a list of 12 good questions to ask during your free consultation to figure out if this lawyer is the one you want to hire - http://research.lawyers.com/lawyer-i....html?site=537 . And here's another list of things to gather together beforehand to make the most of your free consultation - http://bankruptcy.lawyers.com/Prepar...cy-Lawyer.html

Hope this helps! Looking forward to hearing what you find out - good luck!