Can only my wife file??

What is the name of your state? PA

My wife and I recently refinanced our home, but the loan is only in my name b/c she has all the credit cards in hers. She has over $50K in CC debt, and we simply cannot make the minimums any more. Combined, we make around $80K per year, but I make $65 alone. Is it possible for her to file and not to include me? I want nothing more than to get rid of that debt, but it just keeps getting deeper as we use them to live on every month. By the way, both vehicles, one leased, are in her name. Please offer advice before my atty appt.

sure she can only file, however, if you're in a community prop state, then it may be best if you both file.

what is a community prop state??

PA is NOT a community property state.

Trustees hate single filers, most of the time there are alot of transfer issues. Joint accounts, who's money is it?

If you decide to file your wife has to include your income in her budget to see if bk 7 is not an abuse. Doesn't seem fair but you could say 100% of your wife's income is disposable and under a bk 13 plan that would mean $1,250 to the trustee.

[HomeGuru]

Originally posted by planner
Trustees hate single filers, most of the time there are alot of transfer issues. Joint accounts, who's money is it?

If you decide to file your wife has to include your income in her budget to see if bk 7 is not an abuse. Doesn't seem fair but you could say 100% of your wife's income is disposable and under a bk 13 plan that would mean $1,250 to the trustee.

I had a phone consult w/ an attorney today. She said that it wont be a problem for my wife to file Ch.7 and it would wipe out the cc in her name. She makes under 20K a year and has $50 K worth of cc debt. I make around $65K, but there is still a negative amount of $ remaining each month. Do you agree that she will get the Ch.7 ok'd?

i haven't heard of any trustees hating or even having major problems with married folks that file alone in these parts, each district and trustee is different.

in fact, some trustees don't care if you list your spouse's income or not. the only time it becomes an issue is if someone raises it.

i don't see a problem with your wife filing a 7 alone given the info you've provided, good luck.