filing for bankruptcy married
Can married people file bankruptcy separately?
My credit report is alot less than my husband’s, and I was wanting to just pay mine off and file for bankruptcy on his. Is that possible?
Hello Amanda,
If I am not mistaken, yes you can file for bankruptcy separately.
However, here is the catch; if you and your husband are both legally responsible for paying the debts, then for example; if he would be the one filing for bankruptcy your bankruptcy attorney will probably add you on as a “co-debtor stay”. Now what this does is protect you from the creditors also. In other words if he is protected then so are you. And neither of you would have to pay for that debt.
Also, now the Bankruptcy laws are very strict. Now some of the bills would need to be paid back. But again, once you hire your attorney he/she will be able to go over what’s best for you and your husband.
Of course I strongly suggest for you to find a reputable Bankruptcy attorney. Just make sure that you and your husband gather all of your bills for when you take them to your attorney.
*This is not legal advice. It’s strongly suggested for you to retain an attorney.
In addition to all of the above, sometimes bankruptcy is not the answer. Have you tried to consolidate some or all of your debts. Their are so many companies that are willing to help people just like you. You can try refinance.com; I personally tried them and they are great; they had us closed in 2 weeks.
It doesn’t hurt to try to talk to someone about your situation.
Wish you a lot of luck.
