How do I protect myself from being affected by my legally separated husband filing for bankruptcy? 18 Answers as of February 11, 2013I am legally separated from my ex-husband, since October 2012. We have not signed a legal agreement, or filed for divorce. He is considering filing bankruptcy. How do I protect myself from his lenders coming after me? We have no joint debts other than a house mortgage.
Law Office of Norman Moore | Norman P Moore Jr
If you live in Wisconsin ( a community property state) all (or almost all) of his debts are yours (as yours are his). I do not know of a way to protect yourself from the creditors coming after you, short of filing for bankruptcy protection yourself.
Answer Applies to: Wisconsin
Philip R. Boardman, Attorney at Law | Phil Boardman
You can rest easy. If your husband files bankruptcy, the creditors can not come after you if you were not on the loan originally. This is not true if you live in a community property state. There are a handful of those. Virginia is not a community property state.
Answer Applies to: Virginia
A Fresh Start | Dorothy G Bunce
You have no protection from your husband's creditors seeking payment from you if you co-signed on the account. If the debts are in your husband's name alone, he is the only one who will be responsible for paying the debt. However, any joint accounts you still maintain could be vulnerable should a judgment be entered by any creditor.
Answer Applies to: Nevada
Law Offices of Terrell Monks | Terrell Monks
In Oklahoma a lender for someone other than you may not collect from you unless you sign a document wherein you agree to be responsible (and for certain medical necessities for your spouse). It may save money for the two of you to file together if it is going to happen eventually anyway.
Answer Applies to: Oklahoma
Bodow Law Firm PLLC | Ted Araujo
You cannot protect yourself from the ex or a spouse filing bankruptcy. You may have to object to the discharge of otherwise non-dischargeable support obligations, but there is not enough information in your fact pattern to tell if you have a right to argue that certain debts are not dischargeable as against you. IF you were liable to creditors before you got divorced you remain liable to them now. Nothing in your divorce decree can absolve you from that liability.
Answer Applies to: New York
Granger Law Firm | Katharine Granger
Only loans that you are co-signer on can come after you. Sometimes loans in which you may have been listed as an authorized user will try to pursue you as well. Otherwise, the loans that he is solely responsible for will be discharged with him in the bankruptcy.
Answer Applies to: Ohio