Home     Law Advice     Insurance Advice     Community    
Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Consumer Bankruptcy

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-15-2006, 09:44 AM
Junior Member
 
Join Date: May 2005
Location: Oklahoma
Posts: 6

Filing chapter 7 without my spouse


What is the name of your state? Oklahoma
I lost my job 9 months ago and have not been able to find full-time employment since than. My current employment is part-time and not much money. I am thinking about filing chapter 7 bankruptcy without my spouse. All of the debt is unsecured credit cards and medical bills that are in my name. The only debt we have in both our names is the mortgage on the house. Can I reaffirm this debt without affecting my husband? Would it be better for him to get another mortgage in his name only before I file so that I am not connected with the mortgage? My name is on the deed to the house. Any advice will be most appreciated.
  #2  
Old 05-15-2006, 01:43 PM
Senior Member
 
Join Date: May 2001
Posts: 6,455
You need to see an attorney.
Yes, you may file an individual bk but, 2 issues. Under bk reform, HH income is taken into condieration by the trustee and, since you're on the deed,your portion of any equity may be at risk.
  #3  
Old 05-15-2006, 10:45 PM
Member
 
Join Date: Jan 2005
Posts: 347
You can't dodge your home ownership. You will likely need to do a Chapter 13, if you want to keep your home. Even if you transfer the deed to your husband, you will have to reveal that in your bankruptcy if you file within the next three years. Talk to a bankruptcy attorney, but you are required to go to consumer credit counseling first, since the new law was passed in 2005.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:05 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.