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anafantastic · Joined: 21 Dec 2009 Posts: 2 1.80 Dollars($)

Hi,

I am currently legally separated from husband. he has not lived in the home for 5 months now. he abandoned the home and has not supported me in 4 months. I have 15k in credit card debt and I pass the means test (alone).

I have to wait a year for the divorce to be final becoz he will not sign the papers. I dont even know where he lives as he will not give his new address. so had to serve him at his job for the legal separation. we live in Ohio.

my question is: do I have to wait untl the divorce is final to file bankruptcy on my salary alone? I dont even know his salary, but I am pretty sure his salary will put me over for the means test.

also, in the state of Ohio spouses are liable for each other's medical debt. but of course I have no idea if he has any medical debt.

so should I wait to file chapter 7 bk, until after the divorce is final? and how do I add his medical debt to protect myself if he wont disclose it?

all the credit card debt is in my name and we dont own any property

thank you

jameshogg · Posted: Mon Dec 21, 2009 9:04 pm Post subject:

Hi anafantastic,

You can file your bankruptcy alone. It is not mandatory to file bankruptcy jointly. If you file the bankruptcy alone, its your credit that will be affected and your debts will be included in the filing. You will have to contact your husband in order to know whether or not your husband has any medical debt. If he is not ready to disclose it, then you can take your bankruptcy attorney's help in dealing with him.

Thanks

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