Will filing for bankruptcy eliminate a lien?

we are thinking on filing for bankruptcy, we have a lot of medical bills and credit card debt and is too much for us to handle and this seems as the only way out maybe not the best one but we have no other choice! almost everything is under my name but I wanted to know since we are married he has to file too or I can just do it alone? Thanks.

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Anonymous

Asked by Anonymous at 11:22 AM on Dec. 7, 2008 in Money & Work

This question is closed and filed in the CafeMom Encyclopedia.
Answers (6)
  • it will affect him because you are married. Best thing is to seek a bankruptcy lawyer for advice on what to do. Good luck. I just went through it for the same reasons. It is an emotional train wreck to be honest with you but it will allow you to get through with the economy.
    Anonymous

    Answer by Anonymous at 11:25 AM on Dec. 7, 2008

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  • If you file and he doesn't get included, he will solely inherit all of your debt. File together or not at all. I know b/c I had to file and when I was married at the time. (I divorced him after the fact.)
    Babylove76

    Answer by Babylove76 at 11:30 AM on Dec. 7, 2008

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  • NO NO NO. I asked about this. It will only affect him if the debts are in both your name. If you only have debts in YOUR name and nothing in his. You are safe.
    Anonymous

    Answer by Anonymous at 11:39 AM on Dec. 7, 2008

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  • No, he does not have to file if they are your debts. And it does not effect his credit, only yours. Your credit will improve much faster AFTER you file for bankruptcy. It is ONLY a myth that things are worst after bankruptcy, within 2 years you will receive and be approved for CC, cell phones, purchase a new home and the best part is NO ONE will call you any longer. Been there, done that, I am much better off now.
    Works4Mom.com

    Answer by Works4Mom.com at 1:22 PM on Dec. 7, 2008

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  • As for it affecting your DH, if you live in a common law state, IT WILL AFFECT HIM!!! Call ANY bankruptcy attorney. They will tell you it does.
    Babylove76

    Answer by Babylove76 at 4:31 PM on Dec. 7, 2008

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  • It depends on the state you live in. Most lawyers will do a consultation for free or for little cost.
    sammygrl77

    Answer by sammygrl77 at 6:43 PM on Dec. 8, 2008

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