If I do file Chapter 7, will this remove the debt from my ex-husband as well? 9 Answers as of May 17, 2017

Garnishment has been issued for a debt incurred several years ago with my ex-husband. My wedding is in less than 3 weeks. I would like to file chapter 7 bankruptcy to get this off of me, but was told that I may not qualify after marriage due to my fiancé’s income and will need to put off my wedding. How long will this continue to stay on my credit?

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Ronald K. Nims LLC | Ronald K. Nims
Eligibility for Chapter 7 is based on joint income, so marriage could affect whether you can file Chapter 7. Talk to an attorney before the wedding. Chapter 7 will discharge the debt for you but your ex will still be liable.
Answer Applies to: Ohio
Replied: 5/17/2017
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
7 years. File before you get married.
Answer Applies to: Colorado
Replied: 5/7/2017
Stephens Gourley & Bywater | David A. Stephens
If you file chapter 7, it generally does not discharge the other co debtors. So your ex would likely still owe the debt.
Answer Applies to: Nevada
Replied: 5/7/2017
Timothy Casey Theisen, P.A. | Tim Theisen
Or you could just hurry up and file bankruptcy as soon as possible. A bankruptcy stays in your record for 10 years, but it becomes a virtual nine issue on your credit, after to three years. Getting garnished will cost you more, and will prevent you from moving forward in your life financially for a much longer time frame.
Answer Applies to: Minnesota
Replied: 5/7/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
There are several questions here. A Chapter 7 stays on your credit report for 10 years-but there are ways to improve your credit score soon after the bankruptcy so that the weight of the bankruptcy is less and less. You may or may not be able to discharge the debt if it was assigned to you in the divorce. In any case, your chapter 7 will not release your ex-husband from the obligation. You might want to find a lawyer who can help you file a Ch. 7 within the next three weeks. My office could do that without much difficulty.
Answer Applies to: Wisconsin
Replied: 5/7/2017
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Your bankruptcy will only eliminate your legal obligation to pay this debt, it will not eliminate any legal obligation by anyone else. If you are worried about not being eligible to file bankruptcy upon getting married, then you ought to file bankruptcy first and get married later. If you act quickly, you will not have to put off your wedding. A bankruptcy filing will stay on your credit for up to 10 years. If credit worries are a major concern, you ought to look for a solution other than through bankruptcy.
    Answer Applies to: Nevada
    Replied: 5/7/2017
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Adverse credit reporting lasts 7 years. Bankruptcy is 10 years, BUT you can rehabilitate your credit much sooner than that with car or mortgage payments.
    Answer Applies to: California
    Replied: 5/7/2017
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Only the person who files get the Discharge, so no, it would not.
    Answer Applies to: New Jersey
    Replied: 5/7/2017
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    You have touched on several different issues and questions. Contact a knowledgeable local bankruptcy attorney for a consultation. If you file a bankruptcy case and debts are discharged it will do nothing for an ex husband. They would need to file their own case.
    Answer Applies to: California
    Replied: 5/7/2017
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