Legal Question in Bankruptcy in New York

Spouse filing bankruptcy

My husband wants to file bankruptcy, chp 13,he has applied for disability and it will be 10-12 mnths before he has a hearing, with just my pay we can not afford all of or payments,if i am just a authorized used on his credit cards will this effect my credit and will I have to file also? Can his credit card companies garnish my wages and freeze my checking account? We only have 4 months left on the car payment and that is the only mode of trasporation currently, will he have to file the car also even if the payments are up to date? The biggest problem are the credit cards, 3 totaling about 25,000.

Any information will be appreciated.


Asked on 11/15/06, 7:07 am

1 Answer from Attorneys
Robert DiPaolo The Fidelis Group, LLC

Re: Spouse filing bankruptcy

I am not a bankruptcy lawyer, but you should seek the adivce of a bankruptcy lawyer. You should consult the lawyer who will handle your husband's bankruptcy filing. If he does not have a bankruptcy lawyer, he needs to retain one.

It's unlikely that the credit card companies can take the actions that you mention in your question, but without the assistance of a good bankruptcy attorney, they certainly can make your life difficult if you begin to miss payments. Plus you will face mounitng interest charges and late and/or missed payment penalties.

I would also strongly suggest that you try to consolidate your debts and that you meet with a debt counselor. From your question it is clear that you and your husband have over extented yourselves financially, and if you do not learn how to manage your debt, your financial woes will only increase.

You have taken the first step toward turning things around, that of seeking advice. But the advice you need is from a good bankruptcy lawyer, which you are unlikely get obtain for free and a debt counselor.

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Answered on 11/15/06, 7:27 am


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