You can file for bankruptcy without including your husband, yes. However, if you live together, his income will appear on your Schedule I and will be included in the Means Test to determine whether you are eligible for Chapter 7 Bankruptcy. As to whether or not you will be able to retain your assets, you will want to speak with a bankruptcy attorney. All of the assets of a debtor who files Chapter 7 Bankruptcy are usually retained, but there are exceptions.
So long as you didn’t co-sign it or guarantee it, you shouldn’t be liable for his debt incurred prior to the marriage. Your overall credit scores, or overall ability to obtain credit jointly, may be adversely affected, however. A Prenuptial Agreement can be of assistance in spelling out what debts would be his responsibility in the event of divorce.
The Fair Credit Reporting Act does cover such reports. Good chance your file has been mis-merged with someone with a similar name. There is also a good chance you will need an attorney’s help with dispute letters and a possible lawsuit. Our firm offers no cost legal services in situations such as these. Pursuant to the Fair Credit Reporting Act, your legal costs are completely paid by the offending party.
Your re-filing time period is 8 years from the last discharge. You cannot "hold off" the discharge until after the 8 year mark. That is up to the court and the trustee. However, you may be able to file a Chapter 13 depending on your situation and then perhaps even be able to convert to a Chapter 7 should the trustee and court agree that it is appropriate at the time. Definitely seek the advice of a competent bankruptcy attorney to do this.
Typically 4 years if you are referring to a claim as in a lawsuit filed to collect the debt. If you are referring to a claim against the Estate, it will depend on when the estate was raised and whether the appropriate steps were taken in probate. However, the executor/executrix and the heirs are not personally responsible for the debts. Don't be fooled by those unscrupulous debt collectors who will say otherwise. I currently have a case wherein the adult child has been threatened and told...
There is more information that is still needed to be give you a complete response but you should obtain a copy of a statement, letter, etc. from the Plaintiff indicating the alleged balance now due of $3,606. If you can show that the current alleged amount is erroneous and clearly conflicts with the judgment plus interest amount, then you may have a case against the Plaintiff and could be successful in getting the tradeline corrected or even deleted from your credit. Contact us at 610-489-...
He can declare bankruptcy as an individual and likely have all of the unsecured debt in his name only discharged. Your home would be protected as long as you own it as husband and wife or tenancy by the entireties as it is called. Encourage him to seek the advice of a bankruptcy attorney such as myself to go over the possibilities with him.
Brent F. Vullings, Esquire
Vullings Law Group, LLC
Bankruptcy Attorney / Consumer Protection Attorney
No it is not and you likely have a claim against them under the FDCPA (Fair Debt Collection Practices Act). An attorney such as myslef can help you with such a matter and at no cost. Feel free to contact me to discuss further.
There are consumer advocate groups in almost every county who can assist you at no cost to file bankruptcy and the court also allows you to file a petition to proceed in forma pauperis which means that the court may wave the filing fee for yout to file based on your financial hardship. I have represented clients such as yourself for free as well. I am able to review the situation with the creditors to determine if there is perhaps a case against some unscrupulous debt collectora who have been...