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I have to file Chapter 7, wife refuses to.

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    I have to file Chapter 7, wife refuses to.

    I have $120,00 cc debt wife has $ 50,000 cc debt. I cannot handle the load any more. She refuses to file BR and I plan on filing chapter 7 in Oct. What can I expect to happen, we live in GA.
    Thanks

    #2
    Why don't you stop paying your credit cards, let the phone calls come in and then your wife will be so sick of the harrasment from the creditors that she'll change her mind.

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      #3
      Is that $12,000 or $120,000? Either way.......

      Is any of it in BOTH your names? If so, by her not filing you two, as a house hold, will still be responsible for the debt.
      Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
      Deadline to File a Complaint: March 8, 2010

      Discharged and Closed March 11, 2010

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        #4
        $120,000, in my name owed on CC. I'm only a authorized user on her
        $ 50,000 cc debt. House is in my name cares in my name.

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          #5
          Forget a moment about "her" debt and "your" debt. She should look at the big picture of "our" debt as a house hold. That's $170,000! With out knowing what might be student loans are tax debt it would almost be academic for you to file and not her.
          Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
          Deadline to File a Complaint: March 8, 2010

          Discharged and Closed March 11, 2010

          Comment


            #6
            Unfortunately, this particular scenario may need two lawyers, and one of them is not a bankruptcy attorney. Perhaps get her some pamphlets on how bankruptcy works and how it's not all that bad. I'm guessing that you're both working?
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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              #7
              Take her to the consultations with the lawyers. My husband refused to file until he was party to a lawsuit. He STILL didn't want to file until we consulted with the attorney and the suggestion of BK came up. She may be scared she will lose her car, house, etc. I know another big thing was the process. Once hubby saw all our debt laid out and the exemptions laid out (we kept the house and both cars) he suddenly had a change of heart. If not, you can file without her.

              Good luck!
              Filed Chapter 7 - 06/30/2010
              Discharged - 11/18/2010
              Closed - 12/22/2010

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