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Free Case Evaluation by a Local Lawyer: Click hereMercado & Hartung, PLLC | Christopher J. Mercado
No and they will likely go after her. If you are in a community property state, you have a marital community bankruptcy argument.
Answer Applies to: Washington
Replied: 1/13/2012
Selleck Legal, PLLC | Stacey Selleck
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.
Answer Applies to: Michigan
Replied: 1/6/2012
J.M. Cook, P.A. | J.M. Cook
Her credit is not affected. But she will continue to be required to pay her debts and any joint debts.
Answer Applies to: North Carolina
Replied: 1/6/2012
Philip R. Boardman, Attorney at Law | Phil Boardman
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.
Answer Applies to: Virginia
Replied: 1/6/2012
Mazyar Hedayat and Associates | Mazyar Malek Hedayat
Bankruptcy can be filed individually or jointly with a spouse. If filed individually, your spouse is not directly affected. Her debts remain her own - although if you had joint debts she would be solely responsible for them going forward. If a joint bankruptcy case is filed all debts will be discharged as to both debtors.
Answer Applies to: Illinois
Replied: 1/6/2012
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
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.
Answer Applies to: California
Replied: 1/5/2012
The Law Office of Darren Aronow, PC | Darren Aronow
Her credit is not affected if you do not share the debt. Her debt remains unless she files her own bankruptcy.
Answer Applies to: New York
Replied: 1/5/2012
The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
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.
Answer Applies to: Wisconsin
Replied: 1/5/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Your bankruptcy has nothing to do with your wife's credit. If she does not file bankruptcy her debts are not discharged.
Answer Applies to: Indiana
Replied: 1/5/2012
Sanders Law, P.A. | Andre Keith Sanders
If you file separately, your wife should not be affected and can dispute any negative marks if she does not file. The only debts of hers that would be included are ones you hold jointly, but she would still be liable for the accounts and they must be paid by her unless she chooses to file along with you. Only the person who files can have their liability on debts wiped off.
Answer Applies to: Florida
Replied: 1/4/2012
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
Only if you have any joint debts that you don't reaffirm. For example if you have a car financed in both your names, if you don't reaffirm it (sign that you will still be responsible for making the payments), then she is 100% responsible for making the payments, the same is true for any unsecured creditors that you might be joint (credit cards, etc). If you have no joint debt it will not affect her credit at all. Your filing will not wipe any of her debts out, she would have to file with you, jointly (usually the cheaper way to go) or would have to file herself to wipe her debts out. Good luck!
Answer Applies to: Michigan
Replied: 1/4/2012
The Smalley Law Firm, LLC | Cary Smalley
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.
Answer Applies to: Kansas
Replied: 1/4/2012
The Law Offices of Kristy Qiu | Mengjun Qiu
No and no. Bankruptcy is personal, so is credit. Each person would have to file in order to discharge his/her own debts. Unless the debts are joint, then both would have to file, otherwise the non filing remains liable, same goes to co-signments and loan guarantees.
Answer Applies to: Florida
Replied: 1/4/2012
Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
She would have to file with you in order to discharge her debts.
Answer Applies to: California
Replied: 1/4/2012
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Your wife's debts will not be discharged unless she files herself. If you don't have joint accounts it should not affect her credit score. If she has significant debt it does not make sense for you to file without her.
Answer Applies to: California
Replied: 1/4/2012
Diefer Law Group, P.C. | Abel Fernandez
The bankruptcy will affect only the person who files the case. Thus, if she is not filing it should not affect her credit.
Answer Applies to: California
Replied: 1/4/2012
The Orantes Law Firm | Giovanni Orantes
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.
Answer Applies to: California
Replied: 1/4/2012
Law offices of John P. Brooke | John Brooke
Your wife will not be part of the bankruptcy unless you file a joint petition with her. If she has debts that are just in her name and she does not file with you then she is still responsible for the debt and the debts will not be discharged. Your wife's credit score also will not be affect by your filing for bankruptcy.
Answer Applies to: New York
Replied: 1/4/2012
Gregory J. Wald, Attorney at Law | Gregory J. Wald
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.
Answer Applies to: Minnesota
Replied: 1/4/2012
The Schreiber Law Firm | Jeffrey D. Schreiber
Bankruptcy does not affect the credit of someone who does not file. Their credit is affected if they are a party to the debt and the payments are not made as it is reported as a delinquent account for them. If you wife has the same credit cards as you, for example, if you are the only one to file, the bank can still come after her. Only if the credit is in your name only can the debt be entirely discharged. Also, credit in her name only will not be discharged by you filing alone. Each person who is obligated on a debt must file in order to discharge that debt as to that person. If you have joint debts or if she wants to get rid of hers as well, both of you will need to file to be completely discharged. If both of you file, you can file one petition together as a married couple.
Answer Applies to: California
Replied: 1/4/2012












