Filing for bankruptcy help?

Question

I have a lot of defaulted credit cards and I can't pay them off, and haven't paid in 3 years. I've been sued by one company. I need to know if I can file for bankruptcy without it affecting my husband. The credit cards are in my maiden name.

Answer 1

You would most likely have to file a Chapter 13 Reorganization Bankruptcy but my guess would be yes you could file without involving your husband.  

Answer 2

It depends on multiple issues, one being which state you live in, another being whether your husband benefited from the debt, another being whether your husband has ever made payments on any of the debt.

Answer 3

It will only affect your husband if you have any joint debt.  A bankruptcy discharge is personal - the debt doesn't disappear; only your legal obligation to repay it disappears.  Therefore, if there is another person liable on the debt, your discharge only discharges your liability and the other person is still liable.  If you and your husband have any joint debt, your bankruptcy will not prevent your creditors from coming after your husband.  However, if the debt is in your name alone, your husband will not be affected.

The other comments are innaccurate.  Your husband paying on the debt or using the cards doesn't matter.  All that matters is whether he's a joint accountholder.