Legal Question in Bankruptcy in Maryland

You need to consult with an attorney. Preferably someone that does both bankruptcy and foreclosure defense so that s/he can advise you on all matters. You may also want to consult with a family law attorney.

You also might want to google chap.7 and chapter 13 bankruptcy to get a better idea of how they work. There is some limited information on www.bankruptindc.com. Generally a chapter 13 allows you to pay off your debt over time - years. In a chapter 7, (generally) you are allowed to keep certain necessities (e.g. clothing, furniture, certain possessions, perhaps a car, etc). If you have other valuables, they may be sold off by the trustee and used to pay off your other debt. Your creditors have an opportunity to agree or contest the payment offers. At the end of the process (usually a few months) all your debt is discharged.

It can be more complex, because a car company may let you keep a car and make payments if you agree to 'reaffirm' the debt after the bankruptcy. Usually in a Chapter 7. You need to talk to an attorney to determine your eligibility, whether you would be able to keep one car, what rights your husband has as a co-signer, what exemptions apply to you, etc.

Misty

Filing bankruptcy will relieve you of the payments for the home and the vehicle, except that in the divorce you can then have those obligations reimposed on you as an obligation to the spouse. In these cases, if the spouses are going to work together to file, it makes sense for both to file before the divorce, but otherwise (unless a case needs to be filed first to stop a foreclosure or repossession), it usually makes sense to file after the divorce, and to file Chapter 13 (where non-support obligations to the ex-spouse are dischargeable) if need be.