Can my wife file for bankruptcy on her own or do we have to file together?

Asked over 5 years ago - Zephyrhills, FL

My wife and I got Married last Sept. We had a son born Jan. 9th 2009 and he was 2 months premature. she was placed on bed rest during her pregnancy and as a result of this my wife was forced to drop out of school and now can only work 10 -15 hrs per week around my work schedule. We strugle each month to pay the basics ie. phone, electric, water auto and mortgage, aswell as trying to provid ethe nessesities for our son. My wife bought a manufactures home on 1/4 acre durng the peak of the housing boom in florida and has over $200000 in student loans from several banks and cedit unions. evry thing with the exception of my truck is in her name. Is she able to file seperatly without me so that we are able to at least keep som sort of credit in a resonable state??? Help Please

Attorney answers (1)

  1. Biagio V. Musto II

    Contributor Level 11

    Answered . Spouses can file individually or jointly. Whether you file individually or not, you need to report both of your incomes on the petition. That will probably not be a problem. With regard to the student loans, most are not dischargeable. Unfortunately, your wife will probably be stuck with them. If your wife used credit cards to finance school, those would be dischargeable. If you are behind on your mortage, you may need to file a chapter 13 through which you make regular payments toward your debt over a period of years. Practically speaking, most of the payments likely will be applied to your mortgage and other secured loans.

    You need to see a bankruptcy lawyer for a free consultation. Most let you make payments and will file when you pay the full fee.

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