Legal Question in Bankruptcy in New York

Re: bankruptcy

You can certainly file bankruptcy separately. That is no problem.

However, you will want to make sure that a court-appointed trustee would not be able to pursue your husband's assets on the ground that you have a "constructive interest" in them as a result of having contributed money, or having been in title in the past.

In addition, the means test requirement in bankruptcy will require that you include your husband's income in the calculation.

I urge you to meet with a qualified bankruptcy attorney to review your situation and make sure that you would not have a problem.

For more information about bankruptcy, please see my bankruptcy blog:

http://www.LongIslandBankruptcyBlog.com

or my bankruptcy web site:

http://www.BankruptcyCanHelp.com

Re: bankruptcy

I agree with Mr. Robins.

The credit cards may be able to be discharged in bankruptcy. The student loans are very difficult to discharge, if not impossible.

Your husband is not responsible to your debts unless he signed for them.

His other house is not affected by you filing for bankruptcy.

The house that you own together, which is your primary residence is protected on your part up to $50,000 in equity.

If you would like a free consultation, please feel free to contact me. We are right around the corner.