should we file together or single?

[gcm1970]

I had planned on filing together but after reading, I may be able to file on my own, even though I'm a SAHM-no income?

If I can, is there a benefit to doing it that way?
we are a family of 5 making less than $35,000(Ohio)

we will be filing solely on credit cards. around $55,000. all but $7000 is in my name only.
BUT its that way because I had a BT offer and transferred about $10,000 off of one of his cards to mine.
This was a little over 6 months ago. We dont consider his/hers, so didnt think anything about the transfer, but that will probably cause a problem?
None of my cards have been used in the 6 months as they are close to maxed.

all cars are in his name, house is in both names but not worth much.

so what do you think?
this is so scary

[TEW]

how are you going to pay what is left.
IMHO it would be best with your income to wipe it all out.
can you afford the house payments. don't use those cards anymore.
how old are the cars do you owe anything on them? what kind of shape are they in? what are they worth?

[gcm1970]

house payment is only $400 a month
we would pay the rest by using income tax return and monthly payments.

the main reason I thought about single is because my husband traded our 2000 van for 2 cars 96 & 97(from his mom), just last month. because we have a 15 & 17 yr old boys.

we now have a
96 Cutlass
97 Cheep Cherokee
2001 Achieva
2003 F150- owe $4000

[boiler704]

with only 35k annual income and 3 kids the 10k seems like a lot. if you have enough disposable income to pay that back i think you would be looking at a 13.

[gcm1970]

right now we have NO disposeable income, we are actually using last years income tax return money to stay afloat with the credit cards. But that is about to run out.

paying the $7000, We get around $3500 income tax so that leaves us $3500, the boys will be working in tobacco and paying $1000 each for the car & jeep. that leaves $1500 for us.
Seems a LOT easier to come up with $7000 than the full $62,000.

what Im mainly worried about is losing the vehicles since they are all in his name. they will take all but 1?

So you think its best for both to file?
I dont mind doing a 13 if they keep the payment where we dont get behind again. I'd rather pay part of the debt anyway. Thats why I was kinda leaning towards filing just me so that we were paying $7000 back at least.

income $2775 a month
bills- $2233.00
$542 for gas groceries clothes etc.

chase cards-------------- $425
merrill Lynch-------------- $70
USBank------------------- $174
American Express cards---- $305
elec---------------------- $250
water--------------------- $30
home phone-------------- $38.00
car ins.------------------- $ 115
car payment-------------- $232
house payment ------------$406
house ins----------------- $100
property tax-------------- $67
trash pickup-------------- $21

[gcm1970]

any other advice?
we have never been late on a payment so scores are decent, DH's is high 700'a and mine is in the high 600's due to the balances.

Is there somewhere I can read up on the benefits of filing seperate and together, or if I can even file single.

I'd hate to lose the boys cars

[2Bshinyandnew]

Have you and your husband seen any attorney's for a free consult yet? From what you posted, it seems to me that there would be pros and cons to filing either way (Joint or single).

Is it possible the creditor you owe jointly to will work with your husband on a more reasonable payment plan? If the assets are in husband's name and debt is (mostly) in wife, it seems reasonable that filing a single petition would work to your advantage.

I don't know the particulars about Ohio bankruptcy laws, but if you file joint, next years tax return may be considered an asset. If you file singly, you may be able to exempt all or part of that return, if it even is an asset.

We are all in similar boats here. I'm pretty scared too. I never, in a million years thought I would be filing bankruptcy. Some of my credit accounts I'm filing on are 12 years old. Each attorney consult I went on, even with the not-so-sharp attorney's gave me a bit more confidence that I'm not a scummy deadbeat.

[gcm1970]

the mortgage is in both names. (I'm pretty sure, just checked the payment book and it just has my husbands name on it)

the cars are all in his name, all but the truck are pd off and that loan is in his name only.

all but $7000 of the CC debt is in my name only but he IS auth user on some.

[boiler704]

depending on the state you can keep 1 car for each registered driver in the household but your dealing with the exemption amount on each . . . not sure of the details though as i filed sans car.