BK to file alone without husband

[oc714]

Hello, we live in California and with everything going up in prices like gas, groceries etc I cannot keep paying my CC. I roughly owe 30 k on my own without my husband so thinking of filing alone. Does anyone know how it works we have are own bank accounts, he pays for all the mortgage and I pay everything else. The house is in both our names. Is it possible to file alone or should I just stop paying one cc at a time and hope they work with me to bring down the Apr and payment or an offer to wipe out a big portion of the amount due.

[JellyBeany]

Hi! I'm also in CA and have a little bit of experience with this. CA is a community property state which can cause lots of fun effects when it comes to the whole BK process.

You can file BK without your husband but keep in mind his income counts toward the calculations which determine if you're eligible to file Ch7 vs. Ch13. This can get pretty complicated really quickly so it's best to have the guidance of an experienced BK attorney.

Does your husband have any debts aside from your 30k CC? Even if you are the only one who files his debts will be included in the filing paperwork. And, fun fact, even if his debts get discharged in your BK, if you were to get divorced soon thereafter the creditors could still come for him to repay those debts. This is because the community property entity (your marriage) gets a discharge, but he personally does not.

You asked if you should file BK or just stop paying your CCs. My opinion is you should go consult with a BK attorney ASAP to figure out what your best options are. If you can't afford your CCs you should stop paying them and instead spend that money to file BK (if that's what you and your attorney decide is best for you).

[bornfree2]

Is it possible to file alone or should I just stop paying one cc at a time and hope they work with me to bring down the Apr and payment or an offer to wipe out a big portion of the amount due.

Say I have 2 cards. One has $29,500 and the other $500. If i pay off the $500 card, then that will be seen as a preferential payment to a single creditor. This is no bueno in bankruptcy. Instead you need to break it off like a very bad ex - no contact, no payments whatsoever.

You should consult a good attorney on the proper pre bankruptcy 'moves' to make. Good news california is very generous with exemptions (they just went up this april). You may end up owing zippo and keeping everything. You could be completely debt free before years end