Legal Question in Bankruptcy in California
bankruptsy haunting me
i filed bankrupsy back in 2001 my common law partner was not in the paper work. now creditors are afer him and they are going to take him to court does he have to file separately? and can he still fill eventhough creditors have filled a law suit?
2 Answers from Attorneys
Re: bankruptsy haunting me
Yes...he can file the BK now. Was his name on those credit cards? Bk will stay the lawsuit also.
Re: bankruptcy haunting me
First, although it wouldn't make a difference in this case, California does not have common law marriage or common law domestic partnerships. Certain obligations may arise after a long time together, but not under any "common law marriage." Thus, you may want to get legal advice concerning this issue sometime, as you may not have the rights and responsibilities you think you have.
That said, if your partner had co-signed for the debts, he will still be responsible for them even if you filed bankruptcy. So, he'll either have to pay them, file bankruptcy or negotiate a lower payoff with the creditors. First, though, you'll want to see proof from the creditors that he actually was a co-signer at some point and that he is legally responsible.
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