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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Hi, Im trying to decide as to whether to file bankruptcy or

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Hi, I'm trying to decide as to whether to file bankruptcy or if it's even an option. My spouse moved to Australia for a contract job 3 months ago but isn't sending any of the income home. He sold my car (for cash) and then left me with the car payments, etc. I am currently 4 months behind on my home ($4400 + FEES), $400 behind in Homeowner Fees ~ which means my water is being turned off, $3900 still owed in credit cards, $4000 medical bills, car payment (which I need to get to work) has a $3800 behind, I have 3 children and daycare is $390/weekly, I have a home alarm system that my husband had told me that he canceled but I'm still getting charged $2800 and they won't speak to me. When I contact my husband concerning when he's going to get paid he advises 'I don't know, don't worry about it. Basically he has abandoned his family and financial obligations. In the meantime I'm working 2 jobs and only making $800/weekly to support myself and three children. Can I file bankruptcy with only my signature? I was also told about consolidating everything, however when I worked at a collection agency years ago I was told that consolidating is actually worse than BK because it continues to affect your credit monthly. Please advise ~ I'm desperate and scared at this point.

Hi JACustomer,

You can file a Bankrutpcy on your own - without your husband or his signature. Filing a Bankruptcy will discharge your obligation to pay all the debts you listed, but will not allow you to keep your home if you are not able to pay the mortgage.

It is true that filing a Bankruptcy is better for you than debt consolidation, but the main reasons it is better are a Bankruptcy is much less costly, and with a Bankrutpcy all debts are discharged. With debt consolidation, in most cases, not all creditors will work with you, so many debtors find they are still liable for at least one of their debts once the debt consolidation process if finished.


I think this is what you wanted to know. If not, please let me know.

Thank you.

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