Legal Question in Bankruptcy in Illinois

My husband has a lot of credit card debt, it is in his name. I would like to know if he files chapter 13 will it include me. I have no credit cards or debt.


Asked on 5/18/16, 9:35 am

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

It is not necessary that it "include" you as a debtor (as someone filing bankruptcy), but the household income will be taken into consideration and he will not be able to move forward without the appropriate documentation of it. Practically speaking, depending on the income over allowable expenses, that may mean that some of his debt will be paid from your earnings. There is not any way to evaluate that here, but I point it out to give some perspective.

Are you certain that he does not qualify to file a Chapter 7 case? Has your husband had a consultation with one of the reputable attorneys in your area?

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) household income information for December 2015 through the present, including wages and unemployment during that period; (2) all your bills and collection notices (copies neatly assembled, back pages included); (3) last two years� tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 5/18/16, 10:06 am


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