How does filing for bankruptcy affect my husband following legal separation? 18 Answers as of January 17, 2012

He will need to file the appropriate order granting him the house in the deeds division. Once that is done, you could proceed with your bankruptcy without it impacting the house.

If there was equity in the home you need to see a lawyer. If there was not equity he would not be affected as long as he continues to make the payments.

If there is no equity in the house or any other marital assets, then it will not effect him, however, if there is equity, then the trustee may be able to seize those assets. You should probably speak to an attorney about the details of your case.

You will be required to include all of your debts on your bankruptcy petition. Those debts may include debts incurred during your marriage, whether they were in your name or your husband's name. Any debts incurred during the marriage are considered marital and creditors can collect from either you or your husband for those debts. By filing bankruptcy you will have the protection from creditors collecting these debts but your husband will not, so the creditors can collect from him. Your separation agreement should have allocated responsibility for the debts. If you took responsibility for certain debts and agreed to hold your husband harmless from those debts, you may not be able to discharge those debts in a Chapter 7 bankruptcy. Your husband would have the right to file an action in your Chapter 7 bankruptcy asking that you be responsible for those debts and be denied the discharge on those debts. You can discharge those debts in a Chapter 13 bankruptcy, which sets up a repayment plan for your debts. You should consult with an attorney to find what option is best for you.

To the extent you had any joint debt, he will be responsible for the debt.

It depends if you have any joint debts together. If you do, then the creditors will collect the money from him after you file bankruptcy.

We need more information. But typically your bankruptcy might help him because debts for which he might have had to indemnify you are now discharged.

Your transfer of any equity in the property to him may negatively affect your filing of a chapter 7 bankruptcy case. You should not under any circumstances file a Chapter 7 case without going over all of this with a bankruptcy lawyer.

He will still be liable for all debts in his name, and any assets considered community property may come into your bankruptcy.

If you have any joint debts, the creditor will be able to collect any unpaid balance from your soon to be ex. Any debt that is only in your name will not affect your husband. This applies in Georgia.