Is husband protected if wife files BK

[fedinor]

Our home is in my name. It looks like we are going to stop paying our mortgage this month or next and let foreclosure happen. Our house is worth about $50k less then we owe, and we have no equity. We have one car paid for (in my name) and a car in both our names that we are still paying for. We have some credit card debt in my name. I assume it is me that would file BK (and not jointly). Is that right? If so, how is my husband linked to my BK? What happens to the cars? Could his wages be garnished? Is his credit affected? We are in the Portland, OR area.

Any information is appreciated! Thanks.

[BKInLA]

So are you just filing BK because of the foreclosure and being upside down on the house?

[fedinor]

Yes, that would be the reason. This is a very new concept for us and we still need to talk to someone to figure everything out.

[BKInLA]

How much is your house worth? $50k upside-down isn't a lot if it's worth more than $500k or so. I would think your bank would be willing to work with you. Have you looked into a short-sale?

[OhioFiler]

Without knowing your income, expenses and assets it is difficult to provide you valuable assistance here. We don't even know if you qualify for a chapter 7 bk.

[ccfriend]

I filed ch 13 without my husband. We had the mortgage in both names and a car loan in both names. The credit cards were all in my name. His credit has been fine. I am able to pay the car loan outside the plan. I have checked his credit and it says current on the house and the car. My credit however says Ch 13 bk.