ExpertLaw.com Forums

Will Your Spouse be Affected By Your Bankruptcy

Printable View

  • 05-13-2016, 08:04 AM
    Michelle Orr
    Will Your Spouse be Affected By Your Bankruptcy
    My question involves bankruptcy in the state of: Alabama.--- If soon to be ex husband files for bankrupcy ,chapter 13,, is the wife involved or effected? will it go against her as well?
  • 05-13-2016, 08:20 AM
    flyingron
    Re: Will Wife Be Effected by Bankrupcy
    Affected.

    The wife isn't automatically brought into the bankruptcy, but it certainly has implications. Note the wife's income is considered in the chapter 13 plan. Also, any joint debts are still the wife's responsibility.

    If you are asking about whether her credit will be hurt. The bankruptcy filing of the spouse won't hurt, but if the joint debts aren't being paid, she's accumulating some derogatory stuff on her report anyhow.

    There's not enough information presented here, but the wife should consult the attorney and see if her also filing (either jointly or separately) makes sense for the situation.
  • 05-13-2016, 08:36 AM
    Michelle Orr
    Re: Will Wife Be Effected by Bankrupcy
    he is in his own $17,000 of debts. He is trying to clear himself up .. they dont share any.. he says he filed -seperated and didnt include any info about her .
  • 05-13-2016, 08:52 AM
    flyingron
    Re: Will Wife Be Effected by Bankrupcy
    He should consult his attorney. His IRS filing status doesn't matter much. As stated, he needs to include her income in the filing. Any joint debts are still hers to pay as agreed to with the creditor.
  • 05-13-2016, 09:27 AM
    Michelle Orr
    Re: Will Wife Be Effected by Bankrupcy
    so she has to be included regairdless --in some shape ,form or fashion ,,her name is in it ?! even if he claims seperated on bankrupcy forms?!!? her name not associated to any of his debts,, and all the debts collected is in his name soley?? !!!
  • 05-13-2016, 10:16 AM
    llworking
    Re: Will Wife Be Effected by Bankrupcy
    Quote:

    Quoting Michelle Orr
    View Post
    so she has to be included regairdless --in some shape ,form or fashion ,,her name is in it ?! even if he claims seperated on bankrupcy forms?!!? her name not associated to any of his debts,, and all the debts collected is in his name soley?? !!!

    You are misunderstanding what is being said. The wife does not have to be included at all. Its simply that if there are any joint debts it could impact the wife. Since you are saying that there are no joint debts, then it should not impact the wife at all.
All times are GMT -7. The time now is 03:31 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved