Legal Question in Bankruptcy in North Carolina

I do not have any assets, can I still file chapter 7?

My credit card bills have been piling up for years now. I am a stay at home mother and my husband has a full time job. Even with his good salary we can't get these bills paid. We've tried the debt consolidation programs but it is not working. All of the assets are in my husbands name and all of the credit cards are in my name. Can I still file for bankruptcy since I have no assets and will it effect my husbands' credit?


Asked on 1/02/98, 12:37 pm

1 Answer from Attorneys
Jonathan Shimberg SHIMBERG and CROHN

assets are not required to file a chapter 7

While it would appear on its face that you can readily file a Chapter 7 because you are bankrupt - i.e. your debts exceed your assets and you are not able to pay those debts as they come due, you must check with a local attorney to see if there is an enforceable "family expense" statute - that is a law which says even though the credit card wasn't in hubbie's bname, if food and clothes were charged, then he would be liable for those bills - otherwise everyone would put the assets in one person's name and the bills in the other persons

This transmission does not create an attorney-client relationship. We will not represent anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific problem, seek the services of a knowledgeable attorney in your area.

Read more
Answered on 1/05/98, 9:09 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in North Carolina