Thread: odd situation

Hello,
I am in an odd situation and hope someone has some advice for me. I am currently stuck in a loveless marriage. About 6 years ago we separated our finances, got separate checkbooks, separate credit cards, each paid for separate household bills, etc. (we didn't divorce as neither of us could afford to live on our own so we decided to live as 'roommates' until the kids have all moved out). Anyway, due to a number of things (poor spending habits, stuff for the kids that hubby wouldn't pay for, unforeseen expenses, etc), I have accumulated a large pile of consumer debt. I am drowning in it. It feels like it is insurmountable, I feel overwhelmed because I am having a hard time paying for my 'half' of the household bills and I have nothing left at the end of the month. I am only able to pay the minimum amount due on these CC bills and I know that I will never get out of debt doing that. Of note, relationship with husband is not a good one, he is irrational and ornary and said that he would not file bankruptcy together. So, my question is...can I file personal bankruptcy alone, without my husband's income/debt taken into consideration? If I cannot, are there any other options for me?

Thank you for taking the time to read my long and confusing story. Any suggestions? I am so overwhelmed that I have gone into depression mode.

drowning...

Hi there,

Which state are you in? That will help us answer your question. I will subscribe to this thread and try to follow up once I hear back about your state.

Hello, thank you for responding. I live in Vermont.

The federal exemption set can also be chosen in some states. Married couples have an advantage: they can double all exemptions to their favour. Among these exemptions include: the homestead or part of it up to a certain amount, alimony, disability benefits, child support, unmatured life insurance policy, specific personal properties, heath aids, jewelry, public benefits and motor vehicle up to a certain amount. A more extensive and detailed list of course, can be found in the local district court or by legal counsel.

Another thing, if you choose the federal exemption set, then you cannot take advantage of the federal supplemental exemption list. Although this might seem a disadvantage, it really is not, since what really dictates the best option is the properties and assets in you particular case.

Filing Chapter 7 under the bankruptcy law is now a viable option for a lot of people, and if studied very carefully, will lead to a fresh start in life.

Filing Chapter 7 bankruptcy would definitely be a viable option. If your husband is set on not filing, files separately and that will eliminate your credit card debt and free up your living expenses.

It also depends upon the conditions of one's own case: how you obtained the debt and how the policy or arrangement was worded. Unsecured debts such as medical bills and credit card debts can be released.

Yes, husbands and wives may file separately. If you qualify for chapter 7, based on your amount of debt and income you could discharge your consumer debt.

Don't do this one on your own. Check with a lawyer to make sure you qualify. Too much work and stress, and money, to make a mistake. You will likely need information from your spouse, so hopefully you communicate.

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