Legal Question in Bankruptcy in Utah

My husband is leaving me. Is Chpt 7 right for me?

My husband is leaving me and the kids. I have 3 credit cards a house and a car. Can I file on the 3 credit cards and reafirm the house and car?. If I file separately on the credit cards and reafirm the house and car, then could my husband take the house and car away from me? I have my names only on the credit cards and I am the co-signer on the house and car with him as the main signer.

Thankyou


Asked on 11/30/02, 5:54 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: My husband is leaving me. Is Chpt 7 right for me?

Without talking to you there is no way to be able to make a recommendation. Even though your husband's name is not on the credit cards if you used them for family use, he should be held responsible for part of the debt.

If you file bankruptcy you may be able to discharge all unsecured debt in Ch. 7, and may be able to reaffirm on the house and car. However, before you make that decision, you need to know whether or not you will be able to afford them.

In your case it would be wise to talk to an attorney in some detail before you make these decisions.

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Answered on 11/30/02, 11:22 pm


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