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Considering BK and tons of questions

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    Question Considering BK and tons of questions

    I do have a consultation this Saturday but have a few questions about filing and the effects that I couldn't find to fit my particular circumstance.

    I'm in about $80k worth of debt. Some student loans, mostly CC though. I am married and we have a young child together. It has been 3 years since I've paid any of my CC's and my husband and I were attempting to pay the student loans but the monthly payments were unreal. He is the only one who works, so his income wouldn't cover my student loans, the car payment, our bills, rent, etc. When my husband and I married, we didn't live together (job reasons). I stayed with my family in a non community property state. My husband and I have now lived together less than two years in a community property state. I do plan on filing CH7.

    Will I have to file in my current state or my previous (home) state?
    How will me filing effect him and his credit?
    Will he be able to still get a mortgage with my BK discharge?
    If we attempt to purchase a home in a community property state with him as the borrower, will my BK discharge effect it (he could be approved on his own, but my debts - not credit - are stopping him from getting approved)?
    If I get discharged, will we have to wait the 1-2 years because of me or can he get a mortgage on his own?
    As far as assets go, will his count as mine as well? When we got married, I had nothing but the clothes on my back, my dogs, and a laptop. He was already established (previously married) and had house hold goods and "toys" prior to our marriage. In other words, I brought nothing to the marriage.

    Thanks for your help. I'm sure I'll have more questions as these are answered.

    #2
    It sounds like you need to make a free consultation with a bankruptcy attorney in your state to answer these questions. I do not do community property, but you have good questions. Take them to an attorney.
    Any information posted by me is for general informational purposes only. While I am an attorney, I am not YOUR attorney and any information I provide is not legal advice.

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