Is it possible to file a bankruptcy without my spouse finding out?

I have about $35,000 in unsecured credit debt, I lost my job and can no longer afford the minimum payments, the creditors are calling me day and night, i do not know what else to do. I am wondering what i am going to lose; i do not own a car, home or property. I also am wondering if it is possible to go ahead with filling without my significant other knowing or being involved.

 

Answers (1)

Filing for bankruptcy is a major event that will affect your marital finances for many years  to come. You should definitely tell your spouse that you are filing. Furthermore, your wife is probably named (and thus equally liable) on one or more of your credit cards.

You should definitely consult with an attorney. Be sure you reveal all that your wife may be currently earning, whether your wife owns any property in just her own name and other similar information. Be prepared to tell your lawyer if you have any children and what types of expenses you regularly pay on their behalf (beyond room, board and medical expenses). Also, tell your attorney if you are the caregiver for any older relatives. Providing thorough financial information always works in your favor.

Since you’ve only referenced credit card debt and said you personally have no income, it’s likely that a Chapter 7 filing might be best for you.  However, given the other factors that may be involved, this decision must be reached in consultation with your attorney and wife. In light of your rather high credit card debt, it’s doubtful that you could devise a debt management plan that would be acceptable to all of your creditors. However, you can still consider that option.

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