Park Ridge, IL asked in Bankruptcy for Illinois

Q: What if my wife refuses to pay for my debt?

I have judgments against me totaling around $60,000 for credit card debt, plus another $40K in unsecured debt that has not been brought to court. All of this debt is in my name only. I am self-employed, but currently struggling/out of work. I would like to file a chapter 7, but my wife's salary is too high. I did the preliminary paperwork and there is no way that we could make the payment suggested. The house is hers and I have no other assets. If my wife is unwilling to make payments on my behalf, what other options are there?

EDIT: She is not filing. Only me. We are still married living together. I was told that her income has to be included and disqualifies me from filing Chapter 7.

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Try a Chapter 7 just in your name. Your wife has no obligation to pay your debts. Consult a competent bankruptcy lawyer who can review your financial situation before you do anything.

George W. Svoboda
George W. Svoboda
Answered
  • Wadsworth, IL
  • Licensed in Illinois

A: You don't need to file chapter 7 together. Each can file independently and one can choose not to file.

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