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Filing without a spouse

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  • Filing without a spouse

    I am currently in about $18,000 in credit card debt. My husband and I do not share any of those credit cards as they are all in my name. As a matter of a fact, all of our finances are separate including our checking accounts and our bills. My question has anyone been successful in filing a Chapter 7 bankruptcy without their spouse. He makes approximately $75,000 a year and I make $33,000. We are living paycheck to paycheck and if I could just eliminate those high credit card payments it would relieve a lot of financial stress for our family. I'm just wondering what are the chances that I will actually be able to file a chapter 7 since he makes a relatively good living. In my opinion, filing a Chapter 13 wouldn't make anything better because we would just be sending those high payments to the bankruptcy court instead of the credit card companies. Another thing is he has a pretty decent credit score which we do not want to mess up. Any help would be appreciated. Thank you.

  • #2
    Welcome to BKforum! You posted your question in an area intended for discussion that is not related to bankruptcy. I moved it to where you are more likely to get answers.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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    • #3
      You would most likely not have to include him as a filer (thus protecting his credit), but you would have to include his income in your means test calculation, which would likely put you in Chapter 13 territory. However, since even a Chapter 13 takes your expenses into an account, your payments in a Chapter 13 might be more manageable than the payments you're making now. That being said, 18k seems like not a huge amount of debt to deal with when you're pulling in over 100k between the two of you. Are there no other expenses you can cut to start hacking away at that debt?
      This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
      Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17

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      • #4
        His income above household expenses he contributes would come under the marital adjustment, thus not count.

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