Anyone file seperate BK 13 with just wife???

[253BK]

My thing is all our credit is in her name with me as a auth user on cards! The few houses we have are in both names but really we can let them forclose

So has anyone file BK 13 with just one of you and not include the husband or wife???

[lrprn]

My thing is all our credit is in her name with me as a auth user on cards! The few houses we have are in both names but really we can let them forclose

So has anyone file BK 13 with just one of you and not include the husband or wife???

253BK, you really need to make 3-4 appointments for free or low cost consultations with experienced bankruptcy lawyers in your area who understand how to work with real estate in bankruptcy. You have a complex case that needs expert legal advice - it's beyond what we can safely discuss here.

You are making decisions that will impact you and your family for many years to come. You need to do this right the first time. Go make those apointments!

[253BK]

I understand all of that??? Just wondering if anyone has filed like this and how it worked out we are 3-4 months away from filing

Just looking for some input not the same ol line of you need to talk to a lawyer every time I post something!

If no one has tried it this way then I just dont get a answer!!!

I know we have a crazy case and I am sure it will get worse BUT any little answer here and there helps me rest at night LOL

[HHM]

First question about the houses, can you afford to keep them and pay a chapter 13.

Since your income is considered in your wife's chapter 13, it is usually a moot point whether the spouse files or not. Chapter 13's do specifically provide that the automatic stay applies to "co debtors", even if the co-debtor is not filing. (but there are some notable exceptions you should research). But, if there is any possible way to make you liable on any debt included in your wife's BK, the debt will NOT be discharged as to you (assuming you successfully complete the chapter 13).

[MOMof3]

Washington is a community property state. It doesn't matter who's name it's in---its 50% yours (good or bad).

[253BK]

Thanks for the answers so either way I will have to file! I figured that was how it is but couldnt find a for sure answer! Thanks HHM and MOMof3

[lrprn]

I understand all of that??? Just wondering if anyone has filed like this and how it worked out we are 3-4 months away from filing

Just looking for some input not the same ol line of you need to talk to a lawyer every time I post something!

If no one has tried it this way then I just dont get a answer!!!

I know we have a crazy case and I am sure it will get worse BUT any little answer here and there helps me rest at night LOL

Your frustration is coming through loud and clear. Truly I didn't intend to come across as not caring - quite the contrary. But think about what you are asking us to provide for you.

The forum isn't for legal advice - that's clearly stated when we all join. We aren't bk lawyers, so especially when the case is complex like yours, expecting simple reassuring answers when there's no way we possibly understand all the financial complexities of your case or know how your local court and trustees wiil react to those complexities isn't safe for you.

Have you made appointments for free or low cost initial consultations from bankruptcy lawyers in your area yet? I'm concerned that instead you are counting on total strangers who aren't lawyers on an open internet forum to reassure you instead. That's where my original post came from. Truly I'm thinking of you and what's best in the long run for you and your family. I wasn't trying to make things harder - just help you move toward what is going to give you the most reliable answers to your complex questions.

Hang in there. We will always be here to listen and help when we can. However, sometimes advising members with complex cases to talk with bk lawyers *is* the right thing to suggest.

[253BK]

We did make 3 appointments but they are about 12 days out We will see what comes about I have a feeling all will be BAD!!! but I will live I made it this far

[rrockinggramma]

hang in there. You will be amazed once you file and are making payments how much better it gets. Well the living within your means part is tough adjustment but I was referring to the stress that comes prior to filing and wondering about it all. Believe me it will get better. But I would recommend filing a joint case anyway since once one of you is discharged, creditors can go after the other one because they wouldn't be discharged.

[James H]

Mine was a pretty straight forward case but I filed and my wife did not


the court still wanted to see my wifes pay stubs for the last 6 months, a copy of all her bills and her past 3 years worth of tax returns.


one mistake that I (my lawyer) made that I wish I would have done differently is included my wifes credit card bills in our monthly expenses. The Trustee wanted nothing to do with that and said he was not happy about seeing my wifes creditors getting 100% back while mine got pennies on the dollar.

at the time I was only paying $80 a month but the trustee wanted me to pay an extra $160.... the exact amount my wife was paying each month for credit cards. If I could have done it over we could have just left those bills out and upped my other housing costs to keep my monthly fee the same


Again, mine was a pretty "easy" case with only one house, you may be dealing with something a lot different.