You live in a community property state. All debt (with the exception of a personal guarantee for a corporate/LLC obligation and for real estate) is the responsibility of both husband and wife regardless of who signed for it. If your husband files bk alone he will be filing a bk for himself AND the marital community. The discharge will protect him AND the marital community. What does this mean? While a creditor can sue you and get a judgment against you, it CANNOT collect from any community asset. It can only collect from your sole and separate assets if you have any. The community discharge will protect you so long as there is a marital community.

To get a better understanding of this concept consult with a local bk attny.

Des.