Need advice because of a difficult situation

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Hello, I have a bit of a mess that is caused by my own stupidity, mental illness, under employment among other things. I have about $35,000 of credit card debt. I was at the point of using credit for food, med`s and just recently using cash advances to pay other bills. Now I’m maxed out and have started missing payments. I am not working, as the stress of my bills is just to much for me to handle. I don`t qulify for AISH, I have no real assets as The house, car and everything else is in my husband’s name. Do I need to be working and have more assets to file bankruptcy? I know there is a cost, but can I file if I get the money from someone for the bankruptcy payments? I have a joint bank account with my husband and we use to pay utilities, mortgage and such. What would happen to it?

Thank you so much for your help.

Posted on Tuesday, June 2, 2009 | Filed under: Bankruptcy
 posted by Questions @ 7:22 am 1 Comment
1 Expert Comment:

 At June 8, 2009 | 11:34 am , Bart Goth, Trustee in Bankruptcy Said...

There is no income or employment requirement to file a bankruptcy. However, you may not need to file a bankruptcy. Given your lack of assets and the type /level of income you have you may be in a position we refer to as creditor proof. Creditor proof means that in your current situation there is very little your creditors can do to force payment. They likely cannot seize any assets, nor intercept any of your wages. While the creditor can often still can seize bank accounts and you can expect the standard harassing phone calls will continue for a while (how long is dependent on how committed the collection agent is, there is nothing forcing them to stop, but usually 6 months is a good estimate).

Now if the stress simply is to much you could consider the filing of a bankruptcy and to do so you should contact a local trustee but it may not be essential to do.

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