one spouse filing bankruptcy

[awake1]

What is the name of your state? KY

I was recently hospitalized with a life-threatening illness and am off work without pay indefinitely. My medical bills are mounting ($30,000 just from March so far) and I am forseeing bankruptcy in my near future. My husband is also off work on Family Medical Leave to take care of me (also without pay.)

I bought a fairly expensive car prior to our marriage that is in my name only. I am probably $10,000 upside down on the loan at this time and without any income, short of a miracle, I expect to lose it to the bank.

If this happens bankruptcy will be necessary, but my problem/question is this: my husband filed bankruptcy about a year ago, before we were married. If I file bankruptcy, will my husband be liable for any of my debts? The car? The medical bills? How about medical bills that I have been paying on that were from services that were rendered prior to our marriage?

Also, the house we live in is in his name only....his before we married. My name is not on the deed or mortgage or the 2nd mortgage (It is on the 3rd mortgage..yes, sad.) As long as we continue (through some miracle) to pay that 3rd mortgage, my bankruptcy will not cause us to lose our home, will it?

We also had just incorporated a LLC business, had expenses to start, but had not begun any work, nor had any revenue. My husband and I are listed as owners/officers of the business. Will this affect my personal bankruptcy?

Thank you.

[Gregeney]

In short, if your husband has any liability for a debt now, he will still have liability for that debt after you file bk. He will not suddenly be liable for a debt that was entirely yours.

Regarding your 3rd mortgage, if you continue to pay it, you should not lose your home.

You might want to think about whether or not keeping that car is in your best interest. If you think it is inevitable that you will lose it, perhaps you should surrender it. It sounds like any payments you make on the car might be better spent elsewhere.

[awake1]

Thank you. That was what I was hoping to hear. We aren't delinquet yet, but we don't know how long we will be off work. We are going to keep it as long as we can.