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.
I have been separated from my husband for 2 years, whenever I bring up the divorce he is so soon to ignore the conversation or hang up he phone on me. We own a home together, however I chose to leave and rent somewhere else. I want to file for bankruptcy due to school loans that I took out to help get our home out of foreclosure plus other debts I have incurred. All these debts has dropped my credit score and its so hard for me to get any loans to help with hospital bills. I am seriously thinking of filing for bankruptcy, but my question is, will it affect the home that is listed under both my husband and my name? Do I need his agreement to file it?
After I left, he has ben making payments and kept up on them, however I do not trust him. He does not want to give the house up or sell it. I just want to clear my name from the home. How can filing for bankruptcy help me?
You can file bankruptcy without your spouse. The process may impact the house that is both of your names. Do you know how much equity is in it?
How bankruptcy will impact home ownership varies from one state to the next. If the equity in the home is much more than your states exemption to allow you to keep a home, your situation changes a little. What state are you in?
You do not need your spouses permission to file for bankruptcy, but you may want to coordinate about the home.
Call and speak with a bankruptcy professional this week. Many offer an initial no cost consultation. You can look for bankruptcy help in your area online, or call the hotline I set up for free consults at 800-939-8357.
A collection agency called and said they are collecting money due to a payday loan company, i had a loan there back in august 2007, but never the amount of $859. After my hesitating,the threats started, that they are calling the sheriff to arrest me, they will take me to court, really frightening me, so i agreed to a payment plan of 2payments totalling $500, their settlement offer. They faxed me a letterstating this which i signed and faxede this. The statutes of limitation applies here, so even though i signed the payment would this be null and void because of the threat
marylyn – Based on what you shared, I feel confident telling you that you are being scammed. Legitimate debt collectors do not threaten you that way. Scam debt collectors do, and there is actually a rash of scam reports just like yours. Call your bank and cancel all payments. If you gave your account information out you may need to close the account and open a new one.
Also, call your state attorney general, and file a complaint with the CFPB as well.