If I file bankruptcy, will they go after my husband for the debts?

In all likelihood, the answer is yes. Wisconsin is a community property state. Therefore your debts are also his.

The creditors can only go after him if he does not file bankruptcy and his name was on the bills as a cosigner or codebtor.

It depends on where you live. Each state has different laws. If you live in Arizona - yes the creditors will pursue your husband for any debts incurred while married. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy. I am attaching a link to some free videos that explain how bankruptcy works. http://www.dianedrain.com/Bankruptcy/BankruptcyQuestionnaires/BKQuestionnaireInd.htm. There is no cost for the initial discussion. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them - the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www.AVVO.com, and the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of "bankruptcy" attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them.

If you and your spouse both signed on the debt, the creditors will certainly have the legal right to seek payment from him. However, I have noticed that not too many creditors actually follow through with this right, perhaps because by the time the bankruptcy is completed, the creditor has forgotten about the debt.

Nevada is a community property state, meaning that generally speaking both husband and wife own all assets together and are liable for all debts together. There are some exception, particularly if you signed a separate property agreement or if a creditor agreed that one spouse would not be liable on a specific debt. Otherwise, the creditors can go after the spouse who doesn't file bankruptcy. That is why many couples file joint bankruptcy petitions unless they can preserve the non-filing spouse's credit.

It depends on whether the debts were in your name alone or joint with your husband. If any of the debts are joint with your husband the creditor can still look to him for payment.

Creditors can go after your husband for any joint dets. If your debts were separate from his, they cannot go after him.

No, if you husband was not a signatory on the accounts, a co-debtor rather than an authorized user, the creditors should not pursue him if you file Ch. 7 bankruptcy individually.

Question: If I file bankruptcy, will they go after my husband for the debts? Only if he is jointly liable for the debts. Question Detail: I filed bankruptcy, will they go after my husband for my debts he didn't file I did on my own. Only if he is jointly liable for the debt(s); HOWEVER, his income must also be included in your means test, Schedules I & J, too, to see if you qualify for a Chapter 7; if not, you may have to either dismiss the case or convert it to a Chapter 13 if there's enough disposable monthly income to support a confirmable plan.

If your debts are joint then your husband will continue to be responsible for payment even after your bankruptcy discharge.

The creditors can pursue your husband for any debt that he is listed as a co-signer on. Many card companies will pursue people who are also listed as authorized users although you may be able to challenge this. If your husband is not listed as a co-signer or authorized user, then he will not be sent to collections.

They will go after him for 100% of any joint debts.

Not if they were just in your name. On any joint debts the creditor would be free to pursue him for the debt.