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Ellen, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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I am physically separated from my husband. I live in Idaho

Resolved Question:

I am physically separated from my husband. I live in Idaho and he lives in Minnesota and at some point we will get a divorce (over 6 months separated). Since he is a student and unemployed (he is 42 years old) and I am employed can I file bankruptcy just for myself only. We abandoned a house in Virginia when I lost my job and had to move to Minnesota for another job. This was over 1 and 1/2 years ago and it has not been foreclosed on. We did send them the keys when we left.

Where would I file for bankruptcy in this case? He owns a Jeep outright and I do not have a car but do have a 401K through my employer. I am physicially disabled and would qualify for disability but prefer to continue teaching classes online. I do not have health insurance and have may medical bills that I am paying on.

Can I file bankruptcy for myself only and will it eliminate debut that I have? Also, what state would I file in?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 4 years ago.
Welcome to JustAnswer,

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You may file a bankruptcy without your spouse. You would file in Idaho since that is the State where you currently reside.

A husband and wife are not required to file a bankruptcy jointly. One party can file without the other.

A bankruptcy would typically discharge/erase all outstanding medical bills

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Customer: replied 4 years ago.
What about credit card debt and student loans?Innocent
Expert:  Ellen replied 4 years ago.

Credit cards would typically be discharged.

The student loans require a showing of hardship in order to obtain a discharge – you will need to meet with local counsel to determine whether your disability fits the criteria for a hardship

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