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Can my husband file bankruptcy ALONE without affecting ME and my home or the equity?
Anonymous2 views3 answers
He lost his job, has about $15000 in credit card debt. No other debts. Has no vehicle in his name, the house was mine 15yrs prior to meeting him but due to an equtiy loan for repairs and rennovation, I THINK due to Texas law, I had to put him on my home. He was going to cash in 401 but isnt enough to cover the climbing credit cards.
Dear file alone,
The short answer to your question is Yes but under the right facts of your household situation. The law was amended in October of 2005 and now the lawyer(s) must look at all household income and expenses relative to the members of the household and all assets.
It appears with your facts, it will not affect your home at all but once again in order to have specifics you must visit with an attorney to know for certain.
If you would like to learn more about options to eliminate your debt, feel free to CALL us at (210) 229-2067 to set up your FREE Initial, no obligation - confidential consultation. Our firm specializes exclusively in consumer bankruptcy and DEBT RELIEF. You may also call our FREE 24-Hr. automated information line at (210) C13-PLAN™ (213-7526). It would be our pleasure to have the opportunity to serve you and yours.
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All our best,
Ruben E. Vasquez, Esq.
The Vasquez Law Firm
5411 IH-10 West, Ste. 100
San Antonio, Texas 78201
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Peter Walter WestonBankruptcy AttorneyBellaire, TX ·
One spouse can file alone, without affecting the others property, but there are more issues to consider and report on.
It will be important to determine his eligibility to file, which includes a review of your income and assets.
Both of you would benefit from conferring with an experienced bankruptcy attorney, to review your financial situation.
Agreed your husband can file without you. However, any attorney will have to review all assets and income of both spouses in order for him to file. If you are married it is advisable to meet with the attorney as well to ask questions that you may have regarding his filing.