Can I file? Please help

[merime]

Hi, I have about $100,000 in CC debt. My mom who was living with me has about the same. I have been in a marrige of 17 yrs that was horrible. My husband gave me about $100 a week for 3 children. That is reason the debt started. Anyway, I am currently being sued by Citicards. The only thing I have is my name on the deed to the house. I finally got a part time job at $9/hr. My husband makes about $70,000 a year, but he has never shared his finances with me so I don't know for sure. Can I file bankrupcy for myself? It is clear that we are married in name only. I know he remains married to me so he does not have to pay alimoney and child support. I can't take the stress anymore. I should mention I want my mom to file too. she is 78 and has nothing to her name. Only a social security check and retirement check for about $1,100 a month. Thank you for any advice.

[MSbklawyer]

You've been contemplating it now for a long time, Merime. You first posted here about a year ago. What is it that you're waiting for? Three kids and $9/hour part time would definitely put you at below median. Even in Mississippi. You'd probably qualify for Legal Aid to have it done for free. You're probably eligible to have your filing fee paid in installments or waived altogether. Just do it.

Whether your mom can file is a whole other ballgame. You can't file jointly with her, if that's what you mean.

[merime]

Yes, you are so right. When I first started on this forum, I could see it coming. I warned my husband last summer to get my name off the house. I even asked, (almost begged), for a divorse. Last Sept when I ran out of savings which was how I paid minimums , my world fell apart. I literally stopped living. I did not answer the phone or open mail. I just put it to the back of my mind. I would love to file and get it over. The problem is my husband (who lives in an etopia), will not help. I dont have the fiaacial ability to seek legal counsel on my own. I appreciate you saying -just do it, because I know once I do my mind will be clear to think again. Iam proud of myself for actually getting a job, even if its not a great one. Thanks again!!

[needanswers]

Have you consulted a lawyer yet? Don't wait any longer, especially if you have lawsuits starting. File now and get your life back.

[ByeByeCCs]

Sounds like you should be going to legal aid for the bankruptcy and a divorce.

[ccsjoe]

merime, besides the very serious issue of bankruptcy, I honestly think you have another issue you need to deal with as well. Not sure any one person can handle both issues simultaneously and I don't really want to say what I'm thinking here in public, but I hope you understand me.