QUESTION
If I file for bankruptcy will my wife's credit score be affected?
Asked on Dec 24th, 2011 on Bankruptcy - Minnesota
More details to this question:
If I file for bankruptcy will my wife's credit score be affected? Also does my wife's debts become part of the bankruptcy procedure? Would her debts get wiped off too?
11 ANSWERS
Glen Edward Ashman
Her debts are not eliminated unless she files. The rest of the answer depends on information you did not give us.
Answered on Jul 02nd, 2013 at 9:44 PM
If your spouse is not filing and you are filing an individual petition that the bankruptcy filing will not negatively affect your spouses credit. However, if you have a joint debt, your obligation to that debt can be eliminated but your spouse will remain responsible for that debt. If your spouse is not filing then her debt only in her name does not become part of the bankruptcy proceeding and her debts are not eliminated. If you want her debts eliminated also then you may want to consider a joint filing.
Answered on Jan 06th, 2012 at 4:25 PM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Her credit is not affected. But she will continue to be required to pay her debts and any joint debts.
Answered on Jan 06th, 2012 at 10:37 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Your wife's credit should not be affected so long as her name is not associated with any of the debts. Her debts will not be discharged if she does not file the bankruptcy with you.
Answered on Jan 06th, 2012 at 9:12 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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All debts owed by the filing spouse should be listed. This includes the spouse's debts that are owed by the community. The non-filing spouse is not affected by the bankruptcy and the debts are still owed by the non-filer.
Answered on Jan 05th, 2012 at 5:08 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Wisconsin is a community property state. That means, among other things, that debts incurred during the marriage are generally the responsibility of both spouses. In fact, when you open a credit card in Wisconsin, your spouse is supposed to sign off on it. So your wife could be affected by a bankruptcy. If your debts arose before marriage or in a non-community property state, she will only be affected if she co-signed or is a joint owner of the accounts. Your wife's separate debts or co-debts with you will not be eliminated in a bankruptcy if she does not file. The answer to your question depends largely on date of marriage, where you live, how long you have been there, the nature of the debts, who signed for them and other factors. To get a decisive answer here, you should speak with an attorney.
Answered on Jan 05th, 2012 at 12:44 AM
Your bankruptcy has nothing to do with your wife's credit. If she does not file bankruptcy her debts are not discharged.
Answered on Jan 05th, 2012 at 12:01 AM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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If you file as an individual your wifes credit score should not be effected by your filing bankruptcy. If you file as an individual your wifes debts will not included in the bankruptcy and will not be discharged. Also, if you have debts in both of your names your wife can still be held responsible for the entire balance of the debt even if you receive a discharge in bankruptcy.
Answered on Jan 04th, 2012 at 9:44 PM
judith runyon
She would have to file with you in order to discharge her debts.
Answered on Jan 04th, 2012 at 6:09 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Generally, yes your spouse's debts will be discharged unless a particular creditor takes step to protect itself by following a very strict procedure within a limited timeframe. With that said, none of my clients has ever had a creditor object to the spouse's discharge - I can only surmise that most creditors prefer not to spend money on attorneys' fees to go through all of that except in extreme cases (such as Allen Stanford's case, who allegedly defrauded people of $7 billion). As I have mentioned before, assuming that you file in California, which is a "community property" state, the filing by one spouse usually discharges the other spouse's debts. Despite that, the non-filing spouse's credit report does not say that the non-filing spouse filed bankruptcy.
Answered on Jan 04th, 2012 at 5:00 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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Your bankruptcy should not affect her credit score if she does not file with you. However, if she wants to eliminate her debts, then she must file bankruptcy jointly with you or file her own separate bankruptcy case.
Answered on Jan 04th, 2012 at 4:29 PM