Legal Question in Bankruptcy in Pennsylvania

bankruptcy during separation

husband and wife separated for almost 2 years, he wants to claim bankrpcy. how will that affect her... creditwise, or the ability to obtain loans,or to buy a house? Does the state hold her responsible for his debt?, should she file for divorce in order not to be affected?


Asked on 10/04/05, 11:16 am

1 Answer from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Re: bankruptcy during separation

A bankruptcy does not effect you, per se. Rather, any debts that are in your name or joint with him will remain your liability. Thus, he will obtain relief from the debts as far as the creditors are concerned and they will collect from you, only.

However, Pennsylvania law allows you to hold him liable for those debts in a divorce case. Consequently, it may be in your best interest to pursue divorce so that you have a procedure to obtain relief from him.

You should speak to a bankruptcy/family law attorney about all these matters and, since I handle both areas, feel free to call or E-mail me on a free initial basis.

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Answered on 10/04/05, 12:17 pm


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