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

Asked over 1 year ago - 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)

  1. Shonterria Renek Martin

    Pro

    Contributor Level 8

    3

    Lawyers agree

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

  2. Diane L Gruber

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . 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.... more
  3. Robert M. Gardner Jr.

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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... more
  4. Glen Edward Ashman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more

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