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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 04-06-2003, 08:37 PM
momjm
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chapter 7 w/ joint persons


What is the name of your state? va
My boyfriend & I (haven't gotten around to getting married) have a mortage together and all credit cards are pretty much joint. I am wanting to go chapter 7 but I don't want to take him down with mel
Questions

If I went chapter 7 would he also have to file as well?
Under chapter 7 would we be able to keep our home and car payments?
Is there anyway I can take him off of our joint credit cards before I file? how long should I wait before I file to do this?
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Old 04-06-2003, 09:44 PM
dorenephilpot
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If you ditch any debts for which he co-signed in your BK, then he's on the hook for them.

If he also files a BK also, then neither of you will be on the hook.

However, you cannot file jointly until you are married. You would have to file separate petitions.

You can generally reaffirm the secured property (car, house) that you want to keep and want to keep paying on.

You probably won't have any luck getting his name removed from any joint debts. Generally the only way they'll do that is if you have a zero balance.

Why? The creditors like to have two people on the hook. That gives them two avenues of collection, and frankly it would be stupid of them to remove one debtor's name just because someone requested it.

Hope this helps answer your questions.
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