Legal Question in Bankruptcy in Alabama

Does Wife filing affect me?

My wife was just contacted about a debt that is 6 and a half years old concerning a repossession and now the bank is wanting us to make payments. This is the first time they have ever contacted us. If my wife files for bankruptcy does this affect me? Can she file even though we are married and it not affect me?

Thanks in Advance


Asked on 8/04/03, 10:33 am

1 Answer from Attorneys
Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: Does Wife filing affect me?

There's a couple of questions I have before being able to answer your question: 1) was the debt in question incurred over 6 years ago or was the last payment due over 6 years ago? Makes a big difference.

2) Who contacted you? The original creditor or a debt collector?

If the debt is over 6 years old, it may be past the statute of limitations and the debt collector is prohibited by law from attempting to collect a bad debt that is not legally collectible.

Your wife can file bankruptcy without you, but all household finances are looked into to determine how the debt should be handled. Depending on the amount of debt, and your available cash you may be required to go under Chapter 13 vice Chapter 7. But again, if the debt is too old you can't be forced to pay it.

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Answered on 8/04/03, 12:02 pm


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