I have way to much credit card debt and some hospital bills, and need to file bankruptcy but husband doesn't want to , we do not own a house , we do have two cars in which we owe on , would we have to give up one or would court allow us to keep them ??
In the event that the cars are encumbered to the extent of their value, the trustee won't seek to administer them as assets of your bankruptcy estate. You and your husband also each have an exemption pursuant to Ohio Revised Code Section 2329.66(A) of $3,675.00 in any equity you might have in a motor vehicle. Thus, for example, if you have one car titled to you and one to your husband, both of which are encumbered by liens, you can each apply your exemption to any equity you have in the cars. If your equity isn't significantly more than your exemption, the trustee will likely not seek to administer these assets and you can keep them. However, it all depends upon the numbers. You need to consult with an experienced bankruptcy attorney.
You can definitely file on your own, without your spouse, but you will both need to cooperate. Find a good attorney in your area to help you with this.
Your husband doesn't need to file with you. But you should hire counsel to file as bankruptcy can be complicated. Use the find a lawyer tool here on avvo. Most offer free consultations. Good Luck!
I am a Massachusetts licensed Attorney. These answers are for informational purposes only.
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