Legal Question in Bankruptcy in Maryland

Re: desertion of husband can wife file bankruptcy when house is involed

A joint bankruptcy case is really 2 cases, one for each spouse. They are filed together for convenience and to save legal and court fees, but they are treated as two cases with regard to administration (although it usually makes no difference and they can be administered together). Given that, it is possible to request that the cases be separately administered, and the husband's case dismissed for failure to prosecute without affecting the wife's case (or the stay against foreclosing on property in which wife has an interest). The lawyer may have a conflict of interest in representing one spouse, so you may need to get new counsel (which will entail an additional fee, which should be payable through the plan).

Re: desertion of husband can wife file bankruptcy when house is involed

You can file a Motion to Deconsolidate to split the case into two. Your attorney maybe conflicted to proceed on one or the other case. I would be happy to discuss this in more detail

Re: desertion of husband can wife file bankruptcy when house is involed

All bankruptcy filings are personal to the individual or entity that filed. With spouses, often the cases are combined for administrative convenience. If your husband fails to pursue the joint filing, you can separate your case and, subject to approval, it will be heard separately. You should also commence an domestic action for divorce and support. Contact another attorney and request a fee remittance from the prior attorney as he has not completed the joint filing to discharge.