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? about marriage & bankrupty

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    ? about marriage & bankrupty

    I am new to the boards & so I'm not sure if this question has been asked before. Sorry in advance if it has been already.
    I am looking into possibly filing for Ch 7 later this year but wanted to see if anyone knew how a bankruptcy was handled when only one spouse files. All of the dept is in my name mainly from a business that has worked out & from the last year. I think I might be on one or two of his credit cards as an authorized user but I don't think I'm a joint account holder. But he has really good credit so we don't want to mess that up. Our home loan is in his name & there is a lot of equity due to our past salaries being very high. We have two vehicles that are both paid for but also just in his name. I also have a few IRA retirement accounts that I contributed to 3+ years ago before all this came up but other than that I really don't have any assets in my name. My question is do they include his income in my bankruptcy even if I'm the only one filing. I am now disabled so only get social security but his income is apx. 52,000.00 a year or that is what shows on his W-2 statement this year for gross wages so I think we are over the median income if they do count his. Also to make things a bit more confusing we are separated at the moment but I'm not sure how that would come in to play. Anyway I was just wanting to check & see if anyone knew how this was handled. Thanks so much for any help or in site you can give me. This site has been so great for information.
    Oh, I also have lived in Kansas the last 2 years but will be moving to Florida the first part of next year.

    #2
    These TWO always go together or break together.

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      #3
      what does that mean?

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        #4
        Do you know if Kansas is a "community property" state?

        How much debt are you talking about? Is it small enough that selling your car, and taking out a home equity line will pay it?

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          #5
          No I don't think it is a community property state. I wish that was all the debt I had but it's more like 150,000 or maybe a bit more in unsecured credit cards & lines of credits. With the house & cars being in my husbands name I don't think any of it is secured unless maybe a few of the store cards I have like Dell, Target, etc. but I don't have a lot of them maybe 8,000 to 10,000. I guess that sounds like a lot but compared to the other 150k it seems so much less. Hopefully someone will have some in site on my situation.

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            #6
            First thing both of you should do is, order your credit reports and see how the accounts that may be AU's are reporting. For sure, he should instruct the cc companies to remove you from the account if, you are an AU.
            You will have to list his income on your filing but, your lawyer will then back out his expenses.
            My suggestion is, file while you are separated so that both of you have living expenses.
            You need to see a few lawyers. The big problem here could e in the event of a divorce, your divorce settlement could be far game for a trustee. Most bk lawyers will give free initial consultations.

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              #7
              Thanks so much for your help. I will order credit reports today. Thanks again.

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