Legal Question in Bankruptcy in California

Re: Chapter 7 Bankruptcy and collections

They cannot collect from you clearly. In California, debts incurred by married persons while married are considered community obligations regardless of whether she signed on the card or not. I would attempt to have her defend it on the basis that she is not responsible. Have her dispute the obligation in writing, specifically, have her demand a copy of the credit agreement which she signed, or the credit application which she signed evidencing her obligation to repay the debt. If they cannot provide anything showing that she agreed to be responsible for the debt, then have her fight it on the basis that she is not contractually bound to repay your debt. The problem is, as mentioned above, that in California a spouse can ultimately be found to be liable for community obligations, so you may not win this fight.

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