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VanDLaw
VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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I am unable to work due to health problems, however, I do not

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I am unable to work due to health problems, however, I do not qualify for disability benefits. My husband was just terminated from his job of 30 years. He is currently looking for work, but as of now, we have no income, other than a check for his unused vacation days. I do have a savings account with $11,000, however I might need to tap into that to help pay bills, Cobra insurance, etc, until my husband can find a job and get insurance. My question is: I have a credit card debt of $19,000. It is in my name only. Could I file bankruptcy? Thanks for your help!
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 5 years ago.

HelloCustomer

 

I will be happy to assist you. Sorry for your troubles. You can file bankruptcy as a married person and do it indivdually. However, the $11,000.00 savings account would be attached by the Trustee if it was at that balance when you filed. You cannot transfer property, cars, bank accounts to other in contemplation of bankruptcy, but if you had to use the money to live on, after it was gone, you could file and there would be no issues.

 

In order to file Chapter 7, straight liquidation, your husbands income would be combined with yours, for the past six months, the combination would be used to determine if you meet the "means test". If you meet the means test you would be able to file Chapter 7, and the credit card debt goes away, along with any other debt you have.

 

If you own a home and mortgage jointly, or have a car payment you would have to reaffirm those notes, in order to keep the house and car.

 

There are many factors that go into bankrupcty so you should consult with a bankruptcy attorney to discuss your situation.

VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience: Chapter 7 & 13
VanDLaw and other Bankruptcy Law Specialists are ready to help you

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