QUESTION
Is my Chapter 7 debt considered community debt and why?
Asked on May 07th, 2015 on Bankruptcy - Colorado
More details to this question:
I had a Chapter 7 bankruptcy discharged. Two large credit cards were in my SS# only. Will my ex be responsible for that debt if his name and SS were never on that credit card?
5 ANSWERS
That would be a no.
Answered on Aug 31st, 2015 at 8:03 PM
In Nevada, a community debt is one that is made to obtain necessities. Usually those debts are medical bills, housing, food, etc. Credit card companies seldom scrutinize the types of purchase you made on the account that carefully to determine if there is a spouse and if the individual purchases were for the necessities of life. However, there can always be an odd exception to the general rule, so be warned.
Answered on May 08th, 2015 at 10:46 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If you live in a marital (=community) property state, then virtually all the debt incurred during the marriage is the debt of both spouses. So the creditor could try to collect from your spouse. It sounds like you did not retain a lawyer to advise and represent you during the bankruptcy. Doing so is generally a good idea, and can prevent unanticipated problems. Good Luck.
Answered on May 08th, 2015 at 10:32 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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In community property states, community debt is discharged for both you and your husband. In common law property states, your husband was never liable on these debts to begin with.
Answered on May 07th, 2015 at 2:44 PM
Probably not. However, in Colorado we have the "Family Purpose Doctrine". If the debt was incurred during the marriage, and the family was helped when the debt was created, then both spouses could be liable for the debt. This would be for things like medical attention, food, or shelter type items.
Answered on May 07th, 2015 at 1:44 PM