I am currently married filing jointly. My husband has accumulated $40k debt on a $50k income and refuses to discuss bankruptcy. He would rather see our house and vehicles taken from us than surrender his pride and file bankruptcy. We are currently paying between $500-$700 dollars a month on interest, money urgently needed to maintain the household. My husband makes minimum payments on all cards and sometimes uses credit cards to pay off other credit card minimums. I do not want to lose my excellent credit rating by filing Chapter 7, but I do not see any other way to eliminate the debt. The only reason I don't want to reorganize my debt under Chapter 13 is because my credit rating will be ruined just as if I filed Chapter 7 and got all the debt discharged. I am the principal card holder on several of the credit cards with my husband as authorized user; on others we are joint owners. My husband refuses to allow the joint accounts to be closed and will not sign the necessary paperwork, but does he have any control over me closing out accounts in my name on which he is an authorized user? This is not an issue I want to destroy my marriage over. Can I file for bankruptcy individually and pay off my half, thus forcing my husband to pay off his half. Additionally, I want to live separately with our two children and claim "married filing separately" status as "head of household" during what is sure to be a hostile time in our marriage. Can I do this? Thank you.
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