I know this has been covered, but, filing alone

[davie20001]

Hello all...thank you so much for all of the support the last week or so.

I have one question that I have been asking myself and I know it has been covered here, but I need to know.

As 4 out of the 6 cards are in my name, and it equals to more than half of what we owe, and if we got rid of these 3 cards and my car, we would be okay.

Can I file alone? If so, what happens to the house that is in both of our names and the heloc and the car that is in both of our names? Should i move all assets to her name first and then file or just reaffirm those assets that are in both our names to keep them?

What a mess i have done to my family.

[BassBoy]

Based on your recent posts davie, you may need to be filing soon.......I wouldn not transfer any assets at this time. The same situation will arise as discussed in your other thread. "You may have to wait longer than just a few months to file in order to avoid any problems."

That aside, You can file alone and discharge all debts in your name only. Yes, I think you can re-affirm the home loans. Now, you ask if "we" (meaning you) will be okay...well...that's a question only you can answer.

[davie20001]

Thanks for the help

As in we, i meant the both of us. I just called one car loan place and i thought the car was in my name, but it isnt. But I do think the other one is.

i just need to make sure the house is protected as with the contents.

thanks

[BassBoy]

My mistake davie. I meant to type you and your spouse

Hopefully, others with some experience with filing alone and be able to keep their home will be able to chime in here. I'm a little unsure and do not want to steer you wrong.

[davie20001]

what about the tax refund?

I forgot to mention that we will be getting a big tax refund next month and i was wondering if i need to spend it or will it be protected becuase it is a joint tax filing?

help! thanks...

[BassBoy]

Your tax refund is not protected entirely. A portion will need to be turned over. On the other hand, if you spend any of it before you file, I would suggest you spend it on normal expenses (i.e. auto maintenance, grocery, utilities and etc), and keep all of your receipts to show your atty and trustee where the money went.