Legal Question in Bankruptcy in Missouri
My husband and I have about $25,000.00 in credit card debt. We haven't used a credit card now for about 3 years and will probably never use one again. Can we file bankruptcy on only our credit card debt? If so, I am a stay-at-home-mom and the cards were in my name. The house is in my husbands name and so is our van. If filing a chapter 7 can they still take our house or van? or would we file a different chapter? Just wanting some answers to see if this is the right thing to do.
1 Answer from Attorneys
No, you can't "file" on only the credit card debt. ALL debts must be listed. Having said that, it is perfectly acceptable to either reaffirm or continue paying on all, some, or none of the debts that have been legally discharged in a bankruptcy case.
Whether or not property can be kept during a chapter 7 bankruptcy depends upon the equity in the property, not the overall property value. Property value - amount owed = equity. Missouri law allows up to $15k equity in your home and $3k in car equity (aggregate, not per vehicle) to be kept. For example, if your home is worth $100k and you owe $85k on it, you have $15k of equity.
It is not necessary for a husband and wife to file a joint petition if only one of them actually has the debt. Sometimes--but not always--it makes sense for only one of them to file.
Talking to a bankruptcy attorney to get more fact-specific info would be a good idea. Also talk to a non-profit credit counseling agency, (non-profit is the key here) such as Consumer Credit Counseling. Beware of sound-alike ripoff artists (look them up with the Better Business Bureau before--yes, before--giving out any sensitive info) . Get info from several different sources before deciding which option is the right one for you.
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