Suzbo

Yes, you can file both joint and individual credit cards in a bankruptcy. You will need a bankruptcy lawyer to go through the process. You will need to have the $10,000 in debt - remember that medical bills can also be included. You will be asked to list all assets and liabilities. There are different types of bankruptcies too - ex, Chapter 7 or Chapter 13 - the difference being what is included in bankruptcy or if it's a partial where you only pay back a partial. There are alot more questions and details - that's why you need a lawyer. Good luck in your endeavor!

barbo117

3 years ago when I was diagnosed with pancreatic cancer I lost my $45,000 a year income when I had to quit work. Husband was already retired and we had just had taken custody of our 5 year old handicapped grandson when parents split and mother abandoned him. Always had done well, paid bills, living the american dream. But troubles can befall any of us at any time. All of this plus my thousands of dollars of doctor/hospital bills (after insurance) put us into BK. We had tried credit councellors but the help just wasn't enough to do us any good. Bankruptcy is mandated by both federal and state laws and you really do need to get a good BK attorney who can do wonders to protect you with the courts and help you keep your assets. Our first visit with our attorney was free. We had credit cards, some in both names, some in just his and some in mine, we were buying a home, had a car loan and a loan on a RV. We were prepared to let it all go if we could only keep our home. And the most important thing is that we did have enough income to keep our home if we could get some relief on the credit cards and medical bills. We were not allowed to keep any cc's no matter if they had a balance or not, every account had to be closed. In fact once any creditor knows you are doing a BK, they will close your account anyway. But we didn't have to get rid of any personal possessions either. We had to list all of our assets from books to clothes to kitchen appliances, furniture, jewelry, husbands guns, my sewing machines, everything! We kept it all with the help of our attorney. For those that say call the cc companies for help, forget that. We tried, we really did to work all this out with them, we did not want to do what we did, we just needed some help. Not one cc company would help us with not even a dollar reduction in our payments, in fact most of them were nasty and threatened us. They were told about my cancer and we were willing to provide them with doctors reports concerning my cancer because at that time it was not certain that I would even survive. We could have paid everyone if we had gotten a little help. But, no help, no compassion, just pay the bill! This is why we did what we did. Now after we filed for the BK several of them called us and offered help when they found out they were going to get nothing, but it was too late. I will never have another credit card again for the rest of my life. If we can't pay cash, or layaway we save for it or just don't buy. The best advice I can give is get yourself a good attorney, who will protect your rights. Every case is different! We could not have done this without our attorney and maintain any dignity at all. By the way, I have been cancer free to 3 years, my grandson still living with us is doing well, both cars now paid for, we kept the trailer and are paying off that loan and we have 5 more years and our house will be paid off. Last thing we wanted to do, believe me, but we have learned from our mistakes. We felt terrible for a long time about all of this but our attorney told us that everyone is entitled to a second chance! And his best advise to us was "buy what you need, not what you want"! Good advice!!! We thank God every day for the second chances we have been given. Don't feel bad about what you may have to do, just learn from it!

romanojg

When you file bankruptcy you don't have to file on everything. Somethings you can decide to pay. My friend filed last year and they each kept their cars and the house but listed his car and the house but kept paying. Then they went to get a divorce and turned in the house and his vehicle since it had been listed under the bankruptcy. Go get a copy of all 3 of your credit reports so that you can make sure you get everything that shows up, medical bills etc. There could be things on there that you don't know buy now is the time to wipe them clear. When you get a lawyer he'll explain this to you but the more prepared you are when you go in the easier it'll be. It's good to keep a few things back to keep on paying to start building up your credit again just like it's better to file before your credit goes down hill. If you file before your credit goes in the tank you can rebuild it faster. Good luck I know it's stressful but unfortunetely with times as they are it's a sign of the times that alot can't avoid right now.

When I filed years ago I kept my Sears, my gas card and few other credit cards. A lot will depend on the state you live in. My friend lives in NC that filed last yr and she has some of her CC, her car and some other things. She filed the one that you pay a portion of it back and that also will depend on what happens is which one you file; 7 or 13.

charlotte37830

My advice is to get a good lawyer. Ask around and get references. We had to file chapter 13 and had a bad lawyer. It was a nightmare. We ended up paying 100% of the bills and still I'm having to pay on my student loan that the lawyer claimed was paid in full. Our monthly payment was determined on both my husband and myself working full time. When I got laid off, our payments stayed the same. Make sure your lawyer is highly recommended.

NanaCsews2

This is not necessarily true in our area. We know someone personally that had to file bankruptcy due to co-signing a loan and they could not pay when the other party stopped paying. All debt was depleted, the vehicle returned to dealer, and 4 years later, this couple has a brand new vehicle, and has taken several trips. Along with a nationally known cc. They don't spend lavishly or go out to eat often. They just didn't wait 7 years in order to get what they needed. There are different laws depending on which chapter you file. What you get to keep, what you give up and for how long. Furthermore, it is unfortunate that in many states, this is all public knowledge. If you don't know where to start, contact your local DA's office and ask to be given info on where to start the procedure. You may find it beneficial to not let anyone except those very very close to you know what your business is until this is resolved, if at all.

shelrox

AS already stated you need to check out your states laws, you can find some info on line with alot of digging, but a lawyer is your best option. As long as you are married in most states it doesnt matter if both names are on the card, they take all debt into consideration. Most states make you acct for all possessions of both parties. It is a very confusing thing to go through and that is why a good lawyer is worth the investment to save you many headaches later on. My ex husband went and filed before our divorce was settled and we each had separate accts and his lawyer had told him he could add mine if we so choose to. It was so mind boggling at the time and I dont know what I would have done without the advice of the lawyer.

jlwheart

I'd also check out Salvation Army. Ours has financial counseling for poor folks and referrals to reputable agencies. I also went to the library and checked out all the books on the subject. The "For Dummies" books were especially helpful when I was in a jam. Hope this helps and good luck to you both.

auntiehenno

I thought I would have to do same about 10 years ago, but just dug in and got thru it. I agree with everyone on here, the cheapest is not always the best. Find a good lawyer, do not do it yourself--to many rules and regs.
Gotcha in my thoughts and prayers. Hugs!

DonnaQuilts

The best legal advice we could give is get good legal advice, from a professional. Don't step into any pitfalls along the way.

Grandma Cindy

Nor can you then use a checking account. my sister filed during her divorce and after that every bill had to be paid in cash or money orders......... and 7 years is a long time.