Legal Question in Bankruptcy in California

bankruptcy

In California, can I declare for bankruptcy with all bills in my name only and leave my wife out of the proceeding, her credit is very good and I don't want to drag her with me.


Asked on 5/07/09, 11:58 pm

1 Answer from Attorneys
Shalem Shem-Tov

Re: bankruptcy

Because California is a community property state, your wife is responsible for all your bills, and you are responsible for all her bills. Therefore, if you declare bankruptcy and she does not, the creditors will just go after her for payment. (It's actually a little more complicated, as she would only have to pay your creditors from community property, not her seperate property. You should discuss these issues with an attorney).

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Answered on 5/08/09, 12:20 pm


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