Will I be able to file chapter 7: Been married 43 years with and I sole provider. Separated 10 months ago. May 2026 with applied for full retirement SS. I have 10k in IRA. Rented my own apartment Dec. 2025 and leased new car. Have not provided financial support to 64 year wife who is full time caregiver to adult son that just transitioned from SSI to DAC from my SS. Wife had been using his SSI and credit cards are in my name that she is authorized and it added 20-25k to existing debt which is now over 35k. She has been making all the minimum payments and the 38K HELOC loan that is only on my name. Her and my son get SNAP benefits. She can no longer afford all these payments and wants me to take over. With only my SS and separate living expenses I am concerned about making all the payments. The HELOC loan is on an AWD from our joint account to lower interest rate and also have a 5k balance on credit card at that bank. And a 6k balance on card from same bank my SS check is deposited and the IRA through the bank. We are both on the deed to our Homesteaded house in Florida that has no mortgage and is valued at approximately 400k Please advise
Magda’s answer: While I understand that you have taken the time to provide financial details, you need to hire an experienced and knowledgeable bankruptcy attorney who can fully analyze your situation and render legal advice. Avvo is for general questions of law and is not a forum for providing legal advice. There are facts and legal analysis that go into determining what legal options are available to a client and choosing the option that is in a client's best interest. I highly recommend that you find a reputable bankruptcy attorney. Good luck!
May have to do bankruptcy in FL need advice?: I am single mom with an 8 year old dependant who is majority custody with the father. I make around 70 thousand working 40 hours a week. I have focused on paying down long term medical debt still 60k for the past 9 years which is affecting my ability to pay bills, mortgage on 210k home about halfway paid off. Car I bought for 11k mostly paid off. Plus built up a small amount of credit card debt less than 9k currently. Is chapter 7 or 13 better. No savings. money is in possessions, home equity, and auto. Getting legal threats from medical, auto, and card company. not sure how serious this is. Based off details what do you think. I know it is still possible to live and be happy even in bankruptcy. I know this sounds bad. maim concern is house
Magda’s answer: My advice to you is to hire an experienced knowledgeable bankruptcy attorney. Legal decisions should be made after full analysis of your particular facts to determine whether bankruptcy is right for you.
Chapter 7 bankruptcy if I'm 50% joint tenant with rights to survivorship?:
I have no other assets to my name that aren't exempt. I don't live there currently. I cannot afford my basic necessities right now and my debt is drowning me.
It is my mom's house and she is the living tenant. She is 69 in good health, has lived there for over fifteen years and the place is homesteaded every year. I didn't realize she'd put me on the condo which is worth 184K and is paid off - it says specifically my sister and I are 50/50 joint tenants in common with rights to survivorship. I'm 38.
I'm really not sure what to do now because I cannot afford Chapter 13 because my income is less then 20K after I pay my necessities. I have about 14K in credit card debt.
Magda’s answer: Legal advice can only be provided after a review of all pertinent documents and information. Bankruptcy is complex and this is not the proper forum for determining whether it is right for you . I highly recommend that you speak to an experienced bankruptcy attorney.