Legal Question in Bankruptcy in California

Married, but filing bankruptcy by myself

I am married, but going through a divorce that is not yet final. I want to know if my filing for bankruptcy will affect my soon to be ex-wife's credit. Can I file for bankruptcy on my own without affecting my wife's credit while we are going through a divorce? (California law requires six months to go by before any divorce is final)


Asked on 6/03/03, 8:34 pm

3 Answers from Attorneys
Khachik Akhkashian Diamond, Burt & AKhkashian, LLP

Re: Married, but filing bankruptcy by myself

I agree with my colleagues, however, if the debt that you have (ie credit card) also includes your wife then you will likely have a problem because even though you proceeded with bankruptcy, the creditor can still go after your wife.

I do not know the specifics of your dissolution, but a better way to go would be to negotiate your debt with your creditors if you are unable to discharge.

Please feel free to call if I can be of any furtehr assistance.

Khachik

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Answered on 6/04/03, 2:11 am
Mark Markus Law Office of Mark J. Markus

Re: Married, but filing bankruptcy by myself

The bankruptcy won't affect her credit, but her failure to pay any community debts will. This is true regardless of whether you are getting divorced or not.

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Answered on 6/03/03, 8:39 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Married, but filing bankruptcy by myself

Cannot improve on what Markus has said.

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Answered on 6/03/03, 10:33 pm


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