Can I File for Bankruptcy Without my Husband? – Kay
My husband and I separated and I moved from Texas to South Carolina to live with my sister. I thought I would be working soon but needed money to live on, etc. Bad idea to use credit cards to do so. Hind sight is 20/20. I was offered the credit cards in my name. However, the income I submitted was my husbands. His name however was never given or his SS #. I fell ill and due to health issues am unable to pay the credit cards back. I owe a total of 20,000. I have tried to pay them back here and there and have made some lower payment arrangements but could not keep them up as I never was able to find work due to the nature of my illness. I live with my sister and and she pays for my meds and needs. I owe no property here and have a checking account which she will put some money in for me. My husband, we are separated still though not legally, places approximately 300 a month in my checking account for needs. Just to help me out. It is an amiable separation. I recently received a letter from a debt attorney saying they had taken over an account to collect a debt from Discover. Amount 2200. I don't know what to do. I literally have no income or property. My sister cannot afford to pay any towards credit debt for me as she has her own bills. My husband does not know of this issue. Can they go after him even though I never submitted his information. I just used his income on the credit applications. My intentions were good. I feel horrible about the debt but do not see how I can pay this off. Can I file for bankruptcy and not involve my husband? Kay
Can the court go after my husband? Can I file for bankruptcy and not involve my husband?
—Kay
It would be good to know the whole debt situation you are facing before going into too much detailed feedback about handling the Discover credit card that the attorney is now collecting, or how bankruptcy can help you and not impact your husband.
Here are my questions:
Do you and your husband own a home together in Texas?
Are you still on any joint bank accounts with your husband?
What other debts do you have? Itemize them by who you owed originally, who is collecting now, and the amounts of each.
How long have you been in South Carolina?
How were you notified by the attorney for Discover that they are now collecting?
Post your answers in a comment reply below and let’s take it from there.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry, and is a regular contributor to several personal finance websites.
