QUESTION
How will my chapter 13 bankruptcy affect my spouse?
Asked on Jun 15th, 2017 on Bankruptcy - Oregon
More details to this question:
I have been searching the Internet hi and low and get conflicting answers. I want to fold bankruptcy alone, without my spouse. We have some joint property, and he has property he obtained before we were married, that where paid in full and not paid for during our marriage. If I file chapter 13 alone, complete my scheduled payment plan, can any creditor come after his personal property when chapter 13 is discharged? From what I understand as long as the payments are made to the trustee on time, both spouses property is protected.
4 ANSWERS
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Ronald K. Nims
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No, a creditor can't come after your spouse's personal property unless (1) he signed for the debt or (2) you have him the property or paid for it.
Answered on Sep 08th, 2017 at 8:33 PM
Whether creditors can collect from your spouse after the bankruptcy will depend on the nature of the debts you are trying to discharge in your chapter 13. There is no one size fits all answer, principally because I assume you do not want your spouse's real estate to become part of your bankruptcy estate.
Answered on Sep 05th, 2017 at 11:40 AM
Have you husband pay an experienced attorney for a one-hour meeting. You get what you pay for in a "free consultation." Now is not the time to skimp - he has too much at stake.
Answered on Sep 05th, 2017 at 11:38 AM
Chapter 13 is tricky even for lawyers, so you should not attempt it without legal help. As for what creditors can do to collect debts from your spouse, determine what they could do to him without bankruptcy in the picture. It's not clear from your description what rights they might have to come after his personal property, but generally, they could not do so unless you have joint debts. If you have joint debts, you must list your spouse as a co-debtor on Schedule H and then he would have the benefit of chapter 13 co-debtor stay for the duration of your plan or until the creditor asks for relief from the stay. If they get relief from the stay, they can take action against him regardless of your bankruptcy filing. Consult with an experienced bankruptcy attorney to make sure you can protect your spouse's property.
Answered on Sep 04th, 2017 at 3:48 PM