Chapter 7

[Anonymous]

I'm a stay at home mom with 2 small children 20,000 in credit card debt and can't get ahead. All the cards are in my name except the bank account is joint. Will that affect my husband at all if I file chapter 7?

[kuku4koco]

No.  When I filed in 2010, it didn't affect my husband at all.  We had everything separate (cc's, & bank accounts).  You might want to move your money to another account... one of the first clues that I needed to file was when a creditor tried to seize(d) money from one of my bank accounts.  Luckily, I had 2.  I got the money back after the BK, but it could tie you up until then, and you have 2 kids to think about. 

Best Wishes!! 

[Anonymous]

I don't have any money it's all his it's a joint bank account but it's only his paychecks that are put in there for the house bills which again are all in just his name..

[fltireguy]

It should have no effect on him whatsoever other than the checking account

[kuku4koco]

Your best bet would be to get your name off that account.

[fltireguy]

Actually, probably close it completely, and have him reopen one in his name only

[Anonymous]

I think it depends on whether your state is a community property state or not. My husband and I were advised by our attorney to file BK jointlly because we live in a community property state, and the creditors would likely come after him for the debt if I filed alone. All of the CC debt was in my name, and we have no joint bank accounts, etc.

[rmduhon]

Definitely get your name off of the account. Even if all the money in it is provable as his your name being on the account means a lein of yours can affect it.

[despritfreya]

My recommendation:  Before you start taking your name off of a joint account, before you start closing accounts, before you start moving money, please talk to an attorney.

Des.

[Anonymous]

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@despritfreya wrote:

My recommendation:  Before you start taking your name off of a joint account, before you start closing accounts, before you start moving money, please talk to an attorney.

Des.

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+1

Definitely get legal advice. ☺