Married but filing single

What is the name of your state? PA
My Mother has gotten into some debt she can't get out of. My step-father owns the home she lives in with him. Her name is not on the deed. Can she file bankruptcy without including him or the few debts they have together? She would like to just wipe out the unsecured credit card debt without including him at all. She does own her own car - will that be taken with the bankruptcy?

[lmelville]

I'll give it to you from the little pamphlet from the attorney's office:

Does My Spouse Have To File?
There is no requirement that a husband and wife file bankruptcy together, althouth one advantage to filing together is that the amounts of the exemptions are doubled. In some instances where most of the debts are owed by only one spouse, it may be appropriate for that spouse to file alone. However, jointly owned property may be affected if only one spouse files. In most cases, a husband and wife have the same debts or have co-signed the same loan agreements. In this situation, if only one spouse files, the creditors can continue to demand payment from the spouse who did not file.

Will I Be Able To Keep Any Property?
Certain property is exempt from a bankruptcy proceeding and can be kept by the debtor. A debtor can choose between a state or federal exemption standard. In PA, the main state exemption is $300 for an individual and $600 for a married couple filing together. Other important state exemptions include clothing owned by the debtor, certain pension benefits, workers' compensation payments and disability insurance payments. However, in PA, the federal exemptions will be preferable to the state. (it goes to list the federal amounts, but I believe they have changed since the printing of the pamphlet.

Go to [url]www.pennsylvania-bankruptcy.com[/url] and you should be able to get more information.

My husband and I filed together using the federal exemptions. We both were able to keep our cars as they were worth less than the exemption value allows.

Tell her to go talk to an attorney, most initial visits will answer her questions and are normally "free" though some may charge a fee (our's was $50.00). But an attorney can much better advise after looking at her situation.