What to do if one spouse wants to file for bankruptcy but the other spouse doesn’t want to?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if one spouse wants to file for bankruptcy but the other spouse doesn’t want to?
We are over $150,000 in debt and need to file bankruptcy. My husband on unemployment. I want to file and try to start rebuilding our credit. My husband doesn’t want to file; he wants to just wait and see what happens. By doing this I feel that it will do more damage to our credit then filing. I don’t know if he thinks it will all just go away and the phone calls and collection letters will just stop. Am I right in saying that our credit will be better off if we file and deal with this? My fear is we’ll get judgements against us.
Asked on October 11, 2010 under Bankruptcy Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The best thing for you and your husband to do is to go and see a debt counselor right away. You are correct that there will be judgement coming if you can not pay for your debt. And yes, they will indeed effect your credit even more. But bankruptcy effects your credit as well. It stays on your credit report for 7 years. You will need to discuss your options here with the counselor and what will work best for you. You did not mention if you have any assets such as a house, car, etc. But I think that you need to do something to prevent the sleepless nights from continuing. If you can at least get him to a debt counselor the counselor may be able to convince him that sitting and waiting for the other shoe to drop is not a good idea. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.