Is bankruptcy a good option for me? 8 Answers as of May 17, 2011

My husband and I was in a motorcycle wreck and now have a bill of about 20,000 dollars , thing is I spent the insurance money, on other bills and such, but the hospital has put my bills on our house, therefore we can’t get our mortgage payment down because of it, I was wondering if bankruptcy is a option , I am married. Can I file alone? How can I get my bills off the house (my name is not on the loan) and back in my name?

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Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
With a bill of about $20,000 bankruptcy would be a good option for you at this time. you can very well discharge the hospital bills in the BK. you can also file alone. All you need do is to have you and your husband sign a waiver, then you go ahead and file alone.
Answer Applies to: Washington
Replied: 5/17/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
The best way to find out if bankruptcy is the right option for you is to call me for a free consultation. I will consider all of the relevant facts. For example, I need to know what your income is, what other bills you have. A wife can file bankruptcy without her husband, but your husband's income and assets will still be considered. When you say that the hospital bills are on your house, I assume that you mean that the hospital sued you, won a judgment against you, a filed and recorded an abstract of judgment on the property that you own. There is a procedure called a Motion to Remove Judicially Imposed Lien that may be able to help you remove any abstract of judgment from your real property if the lien impairs your homestead exemption. Final 2 words: call me.
Answer Applies to: California
Replied: 5/17/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
To answer the question of whether bankruptcy is a good option is complicated. You should seek the advice of an attorney who is a certified specialist in bankruptcy law. Consult the State Bar website for a listing of those attorneys in your area. In general, if there are hospitable bills and other bills that have been reduced to judgments that are liens on your home, bankruptcy might be a good solution to remove the judgment liens pursuant to Section 522 (f) of the bankruptcy code. Whether you should file alone or with your spouse is a further complication that doesn't have a pat answer. Seek advice as mentioned.
Answer Applies to: California
Replied: 5/16/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Based on what you have described, bankruptcy may be a good solution for getting a fresh start and having the judgment liens removed from you house. You may wish to consult with a bankruptcy attorney in your area for a consultation.
Answer Applies to: Indiana
Replied: 5/16/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
I assume you mean that the hospital obtained a judgment against you and put a lien against your home. Yes, bankruptcy is a way to get rid of the debt and, in many cases, you can get rid of the lien against your home as well (it depends on the value of your home and the amount of senior liens against it, as well as what homestead exemption you have available in your state). Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.
Answer Applies to: California
Replied: 5/16/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    In bankruptcy you can remove judgement liens that impair your "homestead exemption." Yes, you can file without your husband, but his income will count in determining the "means test" numbers. See a lawyer near you.
    Answer Applies to: California
    Replied: 5/16/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    There are aspects of both state and federal law involved in this case. Sometimes certain debts of the individual are assigned to the spouse if the bankruptcy is not a joint filing. You should consult with a bankruptcy attorney to go over these options.
    Answer Applies to: Oregon
    Replied: 5/16/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Bankruptcy is an option. You need to consult with an attorney and will likely need to file under Chapter 13.
    Answer Applies to: California
    Replied: 5/16/2011
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