Yes, you can file bankruptcy without your husband filing. But, his income will still be attributed to you. That means that the Bankruptcy Court will consider you "too rich" to file a Chapter 7 Bankruptcy and "discharge" your debt. This is called the "means test." I would be very surprised if that $120k/year doesn't flunk the means test for you, even though it's not yours. It varies by location and family size.
However, each of are eligible to file a Chapter 13 Bankruptcy. In this type...
The adversary matter will continue. Dischargeability is an issue in 13s also. Be careful! Get an Attorney, now. You can be ordered to pay major attorney fees of the debtor if you are not successful in this action. And it's a tough action to win. Good luck.
All you need to do is amend that year's taxes with a Form 1040X and attach a Form 982. That will get the alleged taxes forgiven. The taxes must be less than 3 years old to be amended. I am pretty sure that you will meet the simple requirements of Form 982. Look up the forms at www.IRS.gov. Good luck.
Please take careful note: You do not owe the second mortgage any more. Not one penny. That loan was discharged forever in the bankruptcy. However, the mortgage is still on your home, like a great big blanket. Every time that you voluntarily choose to make a payment, you are cutting a piece of that mortgage off,
Your best option is to stop payments on the second, if you haven't already. Then you can open negotiations if you wish. Remember, your second mortgage isn't worth very much....
You are free to buy property and incur debt at this time. But you worry me when I hear you say, "I am going through various creditor meetings..." This is unusual, unless a creditor is getting ready to contest the dischargeability of a debt or unless the Trustee is about to move to deny your discharge entirely. It sounds bad. And you do not sound like you are in communication with your attorney.
I think you need to engage counsel that you trust and get advice from them. Good luck.
If there are assets that you would lose in a Chapter 7, then a 13 is going to be your choice. In a Chapter 13 you NEVER lose assets. Well, hardly ever. I saw no assets for you to lose in your list, but there needs to be a thorough exam of your assets and liabilities before an intelligent choice can be made.
So consult an attorney that advertises for Chapter 13 and Chapter 7 work. Many do not charge for the initial consultation. Good luck.
There is no rule against such an application. You just have to find a bank that will accept your application. BTW, you are not such a bad risk. After all, you can't file bankruptcy for 8 years. The loan will also depend on whether you still have a mortgage on the home and how big that mortgage is. If the home equity loan is secured by lots of equity in your home, you may not have any trouble at all getting a loan.
But I do have a serious concern for you. Why are you thinking about...