Legal Question in Bankruptcy in California

Can I file for Bankruptcy without my husband getting affected by it?

I was married, and everything was under mine and my ex's name. My ex was ordered to pay for our loans, credit cards, etc thru our divorce. However, he somehow managed to get his name out of those obligations by filing fraud. Now, they are going after me and me alone. I have remarried, and myhusband and I have nothing under both our names, nor do we have any assets (home, car,etc) that we own.If I file for bankruptcy, will this affect my husband in any way, and if so, how and what are my options? I cannot afford to pay anything bc I am unemployed. I need to know if I canfile for bankruptcy w/o my husband, and how will this action affect him.


Asked on 4/16/07, 11:32 pm

1 Answer from Attorneys
Amy Kleinpeter Clark Kleinpeter Law

Re: Can I file for Bankruptcy without my husband getting affected by it?

Unfortunately, this question is too complicated to be answered in a quick internet response. To start with, debts assigned to one spouse in a divorce are not usually discharged in bankruptcy at all -- but you say the debts were not assigned to you anyways? This sounds like a situation which needs to be resolved.

You CAN file for bankruptcy without your current husband and that usually would take care of debt existing before your marriage. However, it is too complicated to say how that would affect your husband without knowing about your exact situation. For example, utilities can request a deposit if someone files for bankruptcy, so that is something that could effect your family if you are on the bill.

-- Amy Kleinpeter

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Answered on 4/17/07, 12:08 pm


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