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Should we file a joint bankruptcy? or try a Pay to Delete Letter?

Savannah, GA |

My credit was ruined from a prior relationship. It's mostly small dumb stuff but I've taken a hit. Tried to correct things but it hasn't helped. So I thought about filing by myself to lift these things off of me so I could help my husband. My current husband is military. We were doing things under my husbands name and then we got stationed overseas. No jobs, high conversion rates, and having a child have took us from having no debt, to in debt. Now there is a chance we could be going back stateside soon and we are behind on some of the rather large balances we owe. I know we have to find a place to live, get vehicles, etc.... but with us being so far behind I wonder if this would be the best option. My concern is how it would affect my husband or if it even would.

Attorney Answers 4


If all the debt is in your name, you should probably file bankruptcy alone. Your bankruptcy should not affect your husband's credit rating so long as he keeps up on his payments. If both of you have debt you should file jointly. When you get back to the states, discuss your options with an experienced bankruptcy attorney. Good luck.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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Please contact an attorney and obtain a free consultation to find out what options are best for your family.

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If you file by yourself, you can eliminate your own debt, which will not affect your husband unless you have debt with him. In the latter case, he will still owe any debts which are in his name alone or which were joint with you. Even if he does not file with you, his income will have to be considered as household income for purposes of determining what type of bankruptcy you qualify for. As there are several different options available to you, you should sit down with a bankruptcy attorney in the jurisdiction where you will be located once you come back to the States or, if you know where you would be stationed in the US, call someone in that area to give them all of your facts. They can then run through all of your options and give you some clear answers.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

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Bankruptcy can be a good answer for some people, but the only way to know is to let an attorney see all your financial information. Call one for an appointment.

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