Legal Question in Bankruptcy in California

personal bankruptcy

I want to file bankruptcy will my husband be liable for my personal debts?


Asked on 5/21/09, 6:55 pm

2 Answers from Attorneys

Re: personal bankruptcy

Your husband will be liable for your debts, but only out of community property, not out of his seperate property. However, most likely most of his property is community (such as his salary from work, etc.) so yes, your creditors can collect from him even if you declare bankruptcy.

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Answered on 5/22/09, 12:18 pm
Robert Mccoy Law Office Of Robert McCoy

Re: personal bankruptcy

Your husband will only be liable for those debts he has signed up for. So, if the debts are in your name alone, your husband will not be liable for those debts, and the debts will be completely discharged. Also, should you file a Chapter 13 Bankruptcy, a stay will be in place during the bankruptcy preventing your creditors from going after any co-signers, including your husband.

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Answered on 5/22/09, 6:04 pm


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