QUESTION
Can I file bankruptcy for shared debts during a divorce?
Asked on Sep 21st, 2011 on Bankruptcy - California
More details to this question:
My husband and I are getting ready to file for divorce. We have 40,000 in credit card debt. Some in his name with me as an authorized user. Some in my name. He lost his job a year ago and is on unemployment. We now have $11,000 in hospital bills from him but the insurance is in my name. If we divorce can I file bankruptcy on all to get all debt wiped out, or does he have to file also?
10 ANSWERS
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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You can file and discharge your liability and he can file to discharge his liability.
Answered on Jun 24th, 2013 at 12:13 AM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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In a divorce situation I usually recommend that you file bankruptcy prior to divorce if at all possible, but if that is not feasible, then yes you may file post-divorce decree without your spouse.
Answered on Sep 29th, 2011 at 12:02 PM
judith runyon
If you file alone, any debt in his name will allow the creditors to go after him.
Answered on Sep 22nd, 2011 at 11:38 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If a couple is divorcing they can file a joint petition or file individually. All debts are listed in a petition, including debts that the spouse owes since there is a possibility for the filing spouse to have liability for a community property debt. Discharging debts in one petition does not discharge the debts of the non-filing spouse.
Answered on Sep 22nd, 2011 at 11:37 AM
Consumer Bankruptcy Attorney serving Worcester, MA
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Law Offices of James Wingfield
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You can file for Bankruptcy either before or after your divorce is finalized. I would not, however, recommend filing alone if you are in the process of a divorce. If you must file now, it is best for you and your husband to file together (it will leave you both with one less thing debt to fight over in the divorce). If you must file alone, you should wait to file until after the divorce is finalized just be certain your separation agreement / divorce judgment, specifies that you each are responsible for your own debts, and not for any of each others debts. Your bankruptcy will wipe out YOUR liability under the joint debts, but not your husbands debts. If you file separately, he will still be liable for the debts.
Answered on Sep 22nd, 2011 at 8:48 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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It would be a wise thing for both of u, given the situation u outline, to file for bankruptcy as a married couple now. That way u can both get a fresh state and will not spend anymore money payind down bills (like. Refit card debt and medical bills) that will be fully written off in bankruptcy anyway.
Answered on Sep 22nd, 2011 at 8:39 AM
Bankruptcy & Debt Attorney serving Longmont, CO
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William Edward Zurinskas
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Your bankruptcy will only discharge your debt. Your husband's debts will not be discharged and the creditors will collect from him any joint debt.
Answered on Sep 22nd, 2011 at 7:51 AM
Samuel Lee Tucker
You both may file while you are married; otherwise, you will discharge only your debts.
Answered on Sep 22nd, 2011 at 7:51 AM
Glen Edward Ashman
The divorce and bankruptcy affect each other. If you file alone, and discharge a debt, and the divorce court still orders you to pay it, you may owe it anyway. You need a good lawyer with expertise in divorce and bankruptcy. Any misstep could prove very costly. The best result will be if your spouse cooperates.
Answered on Sep 22nd, 2011 at 5:36 AM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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A divorce's separate bankruptcy will not protect a liable ex-spouse. This is a common-yet tricky-scenario that merits a bankruptcy consultation by both parties. On a case by case basis, one must consider the ramifications of filing before or after divorce.
Answered on Sep 21st, 2011 at 9:50 PM