If there is a joint debt and only one party is filing is the debt covered or do I need my spouse? 20 Answers as of September 30, 2013

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Stephens Gourley & Bywater | David A. Stephens
The debt is discharged as to the filing person. It may not be discharged as to the non-filing person.
Answer Applies to: Nevada
Replied: 9/30/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If the debt is joint, then only the party filing bankruptcy is free of any future liability.
Answer Applies to: New York
Replied: 9/30/2013
Law Office of Robert Sisson | Robert Sisson
It depends. What kind of debt.
Answer Applies to: Wisconsin
Replied: 9/30/2013
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Only people who file for bankruptcy receive a discharge of their debts. If other people are obligated on a debt and they are not filing bankruptcy then they would still owe on the debt. You won't but they will.
Answer Applies to: California
Replied: 9/30/2013
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Bankruptcy only discharges personal liability.
Answer Applies to: Indiana
Replied: 9/27/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    This is the third differently worded version of this same question. The answer will not be any different. It seems as though you don't really understand how joint debts are managed in bankruptcy - it would be a good idea for you to sit down with an attorney to get personalized legal advice and professional assistance in filing a bankruptcy case.
    Answer Applies to: Colorado
    Replied: 9/28/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    If only one of you gets a discharge, the other remains liable for the debt.
    Answer Applies to: California
    Replied: 9/27/2013
    Richard L. Hirsh, P.C. | Richard L. Hirsh
    A discharge would apply to your liability on the debt but would affect the spouse's liability.
    Answer Applies to: Illinois
    Replied: 9/27/2013
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    You have to explain what you mean by covered and which chapter of bankruptcy you are considering.
    Answer Applies to: California
    Replied: 9/27/2013
    Chung & Press, LLC
    Chung & Press, LLC | Brett Weiss
    If your spouse does not file, their individual obligation for that debt would not be discharged. Yours would. Take care.
    Answer Applies to: Maryland
    Replied: 9/27/2013
    Maskell Law Firm, P.C.
    Maskell Law Firm, P.C. | Eric A. Maskell
    The liability for the filing spouse will be discharged but the creditor always has the option of pursuing their legal remedies against the non-filing spouse. I would determine if it is truly a joint debt or if the non-filing spouse is merely an added signatory on the account. If it is truly a joint debt then the creditor has the option to pursue.
    Answer Applies to: Texas
    Replied: 9/27/2013
    Danville Law Group | Scott Jordan
    If only one of the debtors files bankruptcy, the other debtor will be solely liable for the debt. You both should bankruptcy together.
    Answer Applies to: California
    Replied: 9/27/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    You may file individually on joint debt, but there are many factors to consider whether that is appropriate. Talk to an attorney about your entire situation.
    Answer Applies to: Wisconsin
    Replied: 9/27/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You question is confusing. Are you asking if your spouse has to file or do you have not note that your spouse is also liable on the debt? If your spouse is also liable but does not want to file bk, they will not be discharged of the liability. You still have to note that they are jointly on the debt when you file bk.
    Answer Applies to: Nevada
    Replied: 9/27/2013
    Law Offices of David A. Tilem | Michael Avanesian
    Covered, but it can be more complicated than that.
    Answer Applies to: California
    Replied: 9/27/2013
    Charles R. Chesnutt, P.C.
    Charles R. Chesnutt, P.C. | Charles R. Chesnutt
    Your spouse will remain liable if she does not file. But collection is questionable.
    Answer Applies to: Texas
    Replied: 9/27/2013
    Elkington Law
    Elkington Law | Sally Elkington
    Depends on whether you are filing a 7 or 13. There is no co-debtor stay in a 7.
    Answer Applies to: California
    Replied: 9/27/2013
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