Legal Question in Bankruptcy in California
My divorce was just final two weeks ago. I am filing chapter 7 bk. The divorce doesn't address debts and payments. All the credit was obtain while we were married, should I include his debts in my bk? I don't want to end up with debts that where not discharged.
2 Answers from Attorneys
Yes you should include his or your debts, which were incurred during marriage. Debts incurred during marriage, by either spouse are liability of both spouse. If you would like to discuss it further, feel free to call us at (310) 325-9012
If the divorce truly doesn't address the debts and payments, you should be able to include it all in your bankruptcy and it will all be discharged assuming the debt is otherwise dischargeable. In any case, if you don't include the debts in your bankruptcy they will not be discharged even if the debts were otherwise dischargeable. The following link will explain more about what debts are discharged in Chapter 7 and How Chapter 7 Works
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