QUESTION
Can you file bankruptcy on a joint account that you get stuck with after a divorce?
Asked on Jan 09th, 2012 on Bankruptcy - Indiana
More details to this question:
My wife has maxed out all the credit cards and when I confronted her about it she claims that she has went to a debt consolidation place but won''t show me any proof. I told her I wanted to file bankruptcy but she wants to do the consolidation. I can''t stand to be with her any longer and just want out, I''m ready for a divorce. I know I''m going to get stuck with all the debt that she ran up. Will I be able to file bankruptcy after on my personal debt and the joint debt? Or does she have to file too?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
Your bankruptcy will get rid of whatever dischargeable debt you have, which obviously includes any joint debt. Certain debts are not dischargeable in bankruptcy, such as domestic support obligations or, in certain situations, debts owed as part of a divorce, such as marital equalization payments. So, obviously what you can get rid of depends on what types of debts you owe on the date your case is filed.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
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Answered on Jan 09th, 2012 at 7:18 PM