How will my estranged husband's bankruptcy affect me? 21 Answers as of April 11, 2012

My estranged husband just informed me he is filing for bankruptcy on his debt. How will this affect me since we are probably going to be getting a divorce in the near future?

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Ferguson & Ferguson
Ferguson & Ferguson | Jackie Ferguson Graham
It will certainly affect you if you have joint debt. If he doesn't pay them you will have to. Also if you have joint property with equity in it, there is a possibility you might lose some of it.
Answer Applies to: Alabama
Replied: 4/11/2012
Debt Relief Law Center | Roger J. Bus
You would be fully responsible for any joint debt owing as he is filing bankruptcy. Be sure you notify your divorce lawyer of the bankruptcy filing.
Answer Applies to: Michigan
Replied: 4/11/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
How his bankruptcy will affect you depends on whether you have joint assets or joint debt.
Answer Applies to: Indiana
Replied: 4/11/2012
The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
Wisconsin is a community property state. His debts incurred during the marriage are likely your debts. Therefore, you may be asked to pay these debts by the creditors. Even if you are not in a community property state, any joint debt from your marriage that he is discharging in bankruptcy will now be your problem. You should consult a divorce attorney pronto. A divorce attorney may be able to address any unfairness in this in your property settlement.
Answer Applies to: Wisconsin
Replied: 4/9/2012
Cavanaugh-Bill Law Offices, LLC | Lorien K. Cole
If you live in Nevada, or another community property state, and his debt is community debt (debt acquired during the marriage), then you may still be held responsible by the creditors after he files and has the debt discharged.
Answer Applies to: Nevada
Replied: 4/9/2012
    Robert Peters, P.A.
    Robert Peters, P.A. | Robert L. Peters
    If your estranged husband files bankruptcy and you owe joint debts, then he will no longer be obligated to pay back those debts upon receiving his bankruptcy discharge. You will still be on the hook. If you have no joint debts then his filing shouldn't affect you. Contact a lawyer for a free consultation and make sure to discuss your situation in full and included any joint assets owned (cars, houses, furniture etc...) If you have joint debts and you can both get along for a few months, it normally doesn't cost any extra to file a joint bankruptcy.
    Answer Applies to: Florida
    Replied: 4/9/2012
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Your husband's bankruptcy will probably not affect you.? However, if you own community property it might not be exempt and could be sold by the bankruptcy trustee. Consult an attorney for the specific facts in your case.
    Answer Applies to: California
    Replied: 4/9/2012
    Benson Law Firm
    Benson Law Firm | David Benson
    You may end up solely responsible for any joint debt if he is filing under Chapter 7.
    Answer Applies to: Ohio
    Replied: 4/9/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    You will be responsible for an y debt for which you both signed for.
    Answer Applies to: Michigan
    Replied: 4/9/2012
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    Your spouse's bankruptcy will not affect you or your credit. However, if you are a co-signor on a debt that your spouse gets discharged from, the creditor may feel motivated by your spouse's bankruptcy to start pursuing you. You might consider riding along on your spouse's coattails into bankruptcy. You might be able to ride along for as little as $100.00. If you want to save a bundle on bankruptcy fees, that's the best way. If you are struggling, now would be the time to consider your options.
    Answer Applies to: Ohio
    Replied: 4/9/2012
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    The mere fact that he is filing bankruptcy should not affect you. But if you have joint debt, you still owe the debt. And if he transferred assets to you or you have joint assets, this can be an issue.
    Answer Applies to: Florida
    Replied: 4/9/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you are co signors on debt then you will remain liable for that debt. If you are not, then it may not affect you at all. If you are title to real estate then that can also change the outcome of liability.
    Answer Applies to: New York
    Replied: 4/9/2012
    Guardian Law Group PLLC
    Guardian Law Group PLLC | C. David Hester
    You may become the responsible party to the debts if your name was attached to them.
    Answer Applies to: Utah
    Replied: 4/9/2012
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    If you have joint debt it will effect you, but in not then there will be no effect
    Answer Applies to: Florida
    Replied: 4/9/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    He will be discharged, and you will be stuck holding the bag on all joint/community debt. You need to see a lawyer.
    Answer Applies to: California
    Replied: 4/9/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You should seek counsel sooner than later on the divorce and the bankruptcy issue. If he bankrupts individually and there are joint debts the creditors will be coming after you.
    Answer Applies to: Michigan
    Replied: 4/9/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    It may eliminate his obligation to the debt and could, at some point, force you to be solely responsible for the entirety of the debt.
    Answer Applies to: California
    Replied: 4/9/2012
    L. JONES LAW FIRM, PLLC
    L. JONES LAW FIRM, PLLC | Leon Jones, Jr.
    Depending on the amount of joint debt you have will determine whether you will be affected. Once the joint debt you have has been discharged from him, you will be responsible for the remaining portion. Contact an attorney to best determine how to resolve this before it becomes a major problem.
    Answer Applies to: Arkansas
    Replied: 4/9/2012
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    If he files and you do not, you could be solely liable for any joint debts. This is particularly true in community property states such as CA and WA.
    Answer Applies to: Washington
    Replied: 4/9/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you have joint debts with your husband and he files for bankruptcy, the creditors will come after you for payment. Also, if you have assets together and he files the court can liquidate community assets to pay for his debts. Now, the issue is whether the value of the assets exceeds the amount of your exemption. If the assets are below the bankruptcy exemption amount, then it would not impact your assets.
    Answer Applies to: California
    Replied: 4/9/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    If he files a Chapter 7 case, and if you co-signed any debts with him, the creditors will look to you to pay the debts when he declares bankruptcy.
    Answer Applies to: Georgia
    Replied: 4/9/2012
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