Bankruptcy? i am looking to file bankruptcy not sure which kind 13,7 or the others but i was wondering if anyone knows if i have to include my husband?? None of the debt i have has his name on anything and he doesnt know about alot of my debt due to me having it before we met and it is embarrasing but if i have to affect him with it i need opinions on other options

Okay, first of all, you probably want to file a Chapter 7. The only reason you would want to file a Chapter 13 is if you are behind on a car or house payment, which doesn't sound like the case. A Chapter 7 is better for you because it will wipe out your unsecured debt, and it will be over in about 4 months. A Chapter 13 puts you in a repayment plan where you pay a portion of your unsecured debt along with the payments you're behind on for 3-5 years.

Your husband doesn't have to file with you if he's not included on your debts, but you're going to have to include his income and expenses when your calculating your household income and expenses. You'll also have to put his name in your bankruptcy paperwork as your husband. In addition, any debts you owe together (if any) will by law have to be included in the bankruptcy (unfortunately you can't choose which debts to include and which to exclude), and the creditors have a right to go after him for all those debts, even if they can no longer go after you, so in practicality, you won't be able to get out of those.

So to answer your real concern, if all you have are credit cards, medical bills, old utility bills, fees, personal loans, etc. (unsecured debts- no collateral in exchange for the debt), and everything is just in your name, then there's little reason to file with your husband and his credit will therefore not be effected by your bankruptcy.

One more thing, you can't get rid of student loans or tax debts, they're non-dischargeable, just in case that was part of your debt.

If you're in a lot of consumer debt and there's no reasonable way you can repay it, then you should file bankruptcy and you should not feel bad or embarrassed about it. Walt Disney, Abraham Lincoln, Thomas Jefferson, and Burt Reynolds all filed too. It is probably a very wise and rational solution for you to start your new married life without the burdens of your past. That's what bankruptcy is all about - giving people a fresh start. That being said, you should probably tell your husband because if you guys try to buy a house or a car, it's going to come up when you apply for a loan.

Also, you should definitely call a lawyer. Most bankruptcy lawyers will set you up with a payment plan if you need one. Bankruptcy law is pretty complicated, I've seen people try to do it themselves and they usually mess it up which results in lots of giant headaches and taking a lot longer to get a discharge.

Best of luck!



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