filing on my own credit card debt

[louielouii]

What is the name of your state?INDIANA I have credit card debt in my name only not my husband's, can I file chapter 7 on my own without him i owe about 25,000 to four different company's My name is not on the car payment but we do have a home equity loan together which we are useing to send our son to college with. will this affect his credit also?or do anything to the home equity loan?

 

[ihatearizona]

What is the name of your state?INDIANA I have credit card debt in my name only not my husband's, can I file chapter 7 on my own without him i owe about 25,000 to four different company's My name is not on the car payment but we do have a home equity loan together which we are useing to send our son to college with. will this affect his credit also?or do anything to the home equity loan?

As Indiana is not a community property state you should be OK to file by yourself.

Is your name on the title for the cars or house?

As for the home equity loan, if you reaffirm it you should be OK.

 

[louielouii]

yes my name is on the house but not the car will they take our house?

 

[ihatearizona]

Click on this link for the Indiana BK Exemptions: http://www.indianabankruptcy.com/exemptions.html

It looks like they only allow for $7500 in equity but just below that it shows:
Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse. Is your home deeded this way??

 

[louielouii]

I'm not sure how it is deeded I will have to look.We have a home equity loan against the house we owe 80,000 on this

 

[AttorneyOney]

I strongly recommend that you seek help from a competent bankruptcy attorney since you own a home. Depending on state law and your financial situation, simple (and avoidable) mistakes before filing can cause you lose the home. It's far too simplistic to say "reaffirm and you'll be okay", in other words.