Legal Question in Bankruptcy in Pennsylvania

bankruptcy

My exhusband and I filed bankruptcy in 2001, he ran debt up again. IRS cannot locate him. I am single mom, fulltime job, but cannot afford Credit Counseling monthly payments to pay debt. Can I file for bankruptcy singly. I have nothing to lose at this point. Thanks.


Asked on 2/06/08, 9:54 am

2 Answers from Attorneys

James Monaghan Law Office of James V. Monaghan

Re: bankruptcy

Unfortunately, it is too soon for you to file bankruptcy. If you do not own a home, your creditors can't do much but get judgments against you. Depending on your assets, they may have no way to collect on those judgments.

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Answered on 2/06/08, 10:34 am
John Gibson John W. Gibson, Esquire

Re: bankruptcy

Your question mentions the IRS. If that is the main source of your worry, you may want to file Form 8857, Request for Innocent Spouse Relief, which you can download from the IRS site.

I agree with Mr. Flood that bankruptcy does not appear to be your best option and is not possible in any event because of the new time bar under the Bankruptcy "Reform" Act. You may want to consider credit repair.

I'm kind of reading between the lines and I may be wrong here but your question indicates that it was your ex-husband that ran up the debt. If that's so and you did not sign for the credit cards or loans, etc. you may be able to get them removed from your own credit report and collection suits on some of the older ones may be barred by the Statute of Limitations.

If you do opt for credit repair, I suggest that you go to an attorney or law firm. Credit Repair is largely unregulated in Pennsylvania and some people report bad experiences with non-attorney credit repair agencies or firms.

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Answered on 2/09/08, 11:45 am


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