I want to file ch 7 but my wife won't. What happens to joint property like house, cars in both our names?

Question

If I file will can court take our joint property to satisfy non secure debt if she does not file?

Answer 1

First things first....If you own home and cars, and they are in both your names, and you file and she doesn't, then it defaults to her and she will be responsible for the payments. In a chapter 7 bankruptcy, if you qualify, you can keep homes and auto's by re-affirming on the debts. But, if she doesn't file, she's responsible for the debt, which if sued, she will get a garnishment against her paycheck and/or bank accounts. If you file a chapter 13, payment plan, you can keep all the secured debts and run thru the US Bankruptcy court Trustee who handles your debts for the life of the chapter 13, which is deducted from your paycheck whether weekly, bi-weekly,monthly over the course of either 3 or 5 years. You don't say whether or not your are keeping a home or vehicles, so, hard to give you more information. You can check out this website, it's great for debt, credit and bankruptcy info,   www.bcsalliance. com    If you want to email..email me and I'll try and help more...Without any figures or whether you are keeping property, not much more I can assist you with.   Good Luck!