QUESTION
What is the bankruptcy rule for marital property?
Asked on Aug 28th, 2014 on Bankruptcy - Nebraska
More details to this question:
My wife filed bankruptcy last year due to us getting a notice of garnishment. From our understanding in AZ if it was marital property and it was discharged under her bankruptcy they should stop them from filling it against me as well?
2 ANSWERS
A bankruptcy discharges liabilities of the party filing bankruptcy. If your spouse filed an individual bankruptcy, her bankruptcy would have discharged her liabilities, but not your liabilities. If you are liable for one of her debts, the creditor may sue you.
Answered on Aug 29th, 2014 at 12:06 PM
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You need to call a lawyer here in Illinois. Bankruptcy filing only eliminates that person's liability, not the spouse's. You may need to file for bankruptcy as well.
Answered on Aug 29th, 2014 at 12:06 PM