Filing for Bankrupcy?

My husband racked up MOST of the debt to finance his business. Most of which is in my name (naive that I was). Can we file together as a couple and get it wiped out or should I file under my name to assure we will get the debt erased.
Husband (we are getting a divorce by the way) assures me that because most of it is in my name , I should be the one filing but I think it is a load of crack. I will be making an appointement with an attorney but would like some insight prior.
Thank you!

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All the best

You need competent legal advice from someone who is licensed to practice in your state, not idle speculation over the Internet. What does your divorce lawyer say?

My guess is that your husband is trying to avoid a black mark on HIS credit and that there is no advantage to you filing by yourself, but you really need to talk to a lawyer ASAP.

You can do it either way, but if the majority of the debt is in your name and your soon to be ex doe's not want to file, your only option would be to file on your own.

Under the new bankruptcy laws you must first go through 6-months of credit counseling and then take whats called a means test to determine which chapter you qualify for, chapter 7 (liquidation or chapter 13 (payment plan).

If you make above the average annual income for your State, you will be forced into chapter 13.

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