Married but live apart and filing for Chapter 7 Bankruptcy??
Question Details:
I lam married but have been living apart from my husband for several years with my daughter and have been filing head of household on my tax returns. I would like to know how I would file chapter 7 bankruptcy? Does my husband have to be apart of the legal process? I have only one asset which is my car. My husband is the "owner" and I am listed as the co-borrower but I am the one who actually owns the car and makes the payments. I have been behind on my payments but have recently caught up and i would like to reaffirm the car loan? Thank You
If you have no joint accounts or joint assets, then your bankruptcy will not affect your husband at all. However, unless you are living apart and are legally separated, in a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household's income. This, however, in no way obligates your husband, either legally or financially. Obviously, to the extent you have joint accounts or any joint assets not exempted by law, he will be affected. Therefore, with respect to the car, he would have to take a part in the re-affirmation. As for filing a bankruptcy yourself. I'm going to provide you with a link to a site that will explain the basics and provide the forms: http://www.uscourts.gov/bankruptcycourts.html Best of luck.

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