Legal Question in Bankruptcy in Minnesota

Bankrupcy Questions

I have about $45,000.00 in credit card debt. I am married and thinking about filing for Chapter 7 on my own. This debt is from credit cards. The credit cards are all in my name. Will my husband's credit be affected if I decide to file? Can they take our cars, house, etc? I feel like I am drowning each month. Thank you!


Asked on 10/14/07, 4:35 pm

3 Answers from Attorneys

Sam Calvert Calvert Law Office

Re: Bankrupcy Questions

You can certainly file on your own; however, your husband's income and expenses must be factored in to see if you "pass" the means test and whether you do or do not have a budget surplus at the end of each month. As to his credit report, why doesn't he check his credit report at annualcreditreport.com to see if your debts are showing up on his credit report. If they are, he would demand that the credit reporting agency correct their report. As far as house and cars, I would need more information. Generally, you can keep your house and cars subject to the debts against them in favor of the mortgage company and car lender. BUt I would need to know values of the items and which creditor has a debt on which item.

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Answered on 10/15/07, 11:18 pm
Dennis Felix Felix Law Office, P. A.

Re: Bankrupcy Questions

Yes you can file separately but you still have to qualify under the means test if you want Chapter 7. There are exemptions for homestead and one car but to give you adice on this, an attorney needs the specifics. You need to call a bankruptcy attorney. Look at my web site under bankruptcy minnesota. Dennis Felix

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Answered on 10/15/07, 10:27 am
David Kelly-952-544-6356 Kelly Law Office

Re: Bankrupcy Questions

I have a lot of material which may help you with your questions on my web pages at http://www.mn-bankruptcy.com.

Frankly, I usually try to avoid filing married persons separately. It often can be done, but the trustees seem to view the practice with suspicion.

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Answered on 10/15/07, 10:57 am


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