Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).