Legal Question in Bankruptcy in California

Chapter 7 or Chapter 13??

My husban has about $20,000 credit card debt. This debt came before we were married. He has been served with a summons ($6,000). My name has never been on any of his credit cards. Most of this money was used for things like rent when he was trying to start his own business. The debt is about 4 years old. We cannot cure this debt (mostly because the creditors seem to be unable to negotiate any terms). We are thinking about bankruptcy. Should we file chapter 7 or 13? Will it be better for our credit in the long run if we file 13, or does the chapter make no difference in that respect? Do I have to join in the bankruptcy? How is it that the creditor sold the debt but the summons named the original creditor as plaintiff? Thanks


Asked on 8/11/02, 11:21 pm

2 Answers from Attorneys

Alvin Tenner Law Office of Alvin G. Tenner

Re: Chapter 7 or Chapter 13??

It does not matter as to chapter 7 or 13. You would probably have to join the BK.

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Answered on 8/12/02, 1:41 am
Amy Ghosh Law Offices of Amy Ghosh

Re: Chapter 7 or Chapter 13??

If you are doing chapter 7...you do not hvae to join.

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Answered on 8/12/02, 10:12 am


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