bankruptcy

It has been three years since my husband became disabled & received a heart transplant. He thinks that he can return to work, but his medical & credit card bills are in the thousands of dollars. Not knowing the outcome, we put all assets in my name 3yrs, ago. We have seperate checking accounts and have no saving accounts. Can he file bankruptcy for his debts? I do not want to file or have anything to do with it. I dont't want him to start work and have all of these creditors garnishing his wages. Please help. Thanks

Yes he can file bk on his own, but I think he will have to list all debts that he is also in joint with you.

You don't have to file if you don't want to, but if you are listed on any debts that he will file on, you will be responsible for the debt.

Bankruptcy will stop all actions of creditors on their collection efforts.

If your husband doesn't file BK, creditors can garnish bank accounts and/or wages only under a judgment. If the debt is "joint" then the judgment could be under your name also and the creditor can go after you too.

My husband is paying a debt collector with a draft of $100/mo.from his checking account. When he claims bankruptcy will these debts be considered 90 days behind or do we need to stop payments on the draft & wait 90 more days?

Once he files bk, then all collection efforts end. He must list that debt on BK. Now, he might want to end his drafting to his account now, so that it doesn't look fraudulent or something bites him in the butt in BK court. ( doesn't really matter 90 days, but get attorney advice on this one!!!)

I highly recommend he stop payment on all accounts, tell them he is filing BK, and then follow thru. NO idle threats of BK: actually do it.

I also recommend he hire a lawyer. (with that extra 100 bucks, that is a start!)