Do I qualify for BK?

[SoCalGurl]

[stormy]

I filed Chapter 7 and had an RV that was in my name along with my ex-husband's name; he ended up refinancing both the RV and a pickup truck that we had a joint loan on. Also the 1st and 2nd mortgages were joint; didn't stop me from filing.

We also had several credit cards that were joint; the last time I talked to him he told me that Discover closed the account once they received notice of the bankruptcy and he has to pay off the balance. He had to make arrangements with the 1st and 2nd mortgage holders to make the house payment since they cut off on-line access; they told him they would restore it once the bankruptcy was final.

[SoCalGurl]

So what you got rid of he took on??

[stormy]

He wanted to keep the truck/camper so he refinanced them and got my name off the loans and the titles; the credit union was giving him crap because I filed so he refinanced the loans. There was no equity in either; both loans were upside down so I was surprised the credit union refinanced him.

He's now responsible for both mortgages along with any credit cards we held jointly; they can't come after me if he decides to make late payments or no payments.

So basically all that debt is now on his shoulders and off my back. When I added in the jointly held accounts along with my own I easily qualified for Chapter 7.

[ironpirate]

Looks like you would pass the income and means test for a ch 7. You would have to talk to a lawyer about the join accounts though and being separated.

[SoCalGurl]

But we could file BK together??

[JoePlumber]

You may have to show evidence of your hardship and since you are able to make your agreements your questions may better be suited
to asking an attorney.

Since your not left with much for groceries and your income is relatively low you have a case to propose.

Filing together is an option yet his income may show you can pay your bills, even if barely.