Legal Question in Bankruptcy in Minnesota

Re: Question about filing

You might want to check my web site at http://www.mn-bankruptcy.com.

In most cases, filing without your spouse can be done but should not be done. Most of the time, the 401K would be exempt.

Re: Question about filing

You may file without your husband. However, if there are joint debts between you, those will not be discharged as to him. I don't believe 401Ks can be garnished, but I would have to take a look at exactly what sort of account it is to get you a firm answer on that. You can re-affirm the mortgage on your house. You are allowed to keep some equity in your house up to a certain amount depending on whether you opt to take the Federal or Minnesota exemptions. You are also allowed car exemptions up to a certain amount. It depends on what kind of car you have and/or how much you owe on it.

In sum, yes you can file, and generally you will not lose your house or car, unless you live in a super-expensive house in which you have tons of equity and drive a lamborghini that you own free and clear.

What sort of debt are you seeking to have discharged? Student loans are not dischargeable, as are some other sorts of debts.