Legal Question in Bankruptcy in California
receiving a check without receiving a check
Been receiving check by a payee but I got credit cards because nobody would deal with me in buying or selling due to the way my disability check was titled.now I owe and cant pay the cards but cant hire a lawyer rent or buy or sell in short investing is null.Society states to me (WE CANT TOUCH YOUR CHECK) so we can deal with you.the chek made me a prisoner.Can i file Chapter 7 indiviual and will my wife be held for the bills?
2 Answers from Attorneys
Re: receiving a check without receiving a check
Thanks for your inquiry.
I am not sure that your question even makes sense, but you may be able to go bankrupt on all your debts, so long as none of them are dischargeable under the law.
Depending on whether or not any of the debts can be considered community property, you may be able to go bankrupt and not affect your wife at all.
Re: receiving a check without receiving a check
You can file chapter 7 if you have a social security number. Your wife can only be held liable for bills in her name, or in both your names. You can get a discharge (elimination)of your credit card debt if none of the credit card bills accrued within the last 6 months and you have not filed for bankruptcy within the last 6 years. You may have to sell some of your assets if they do not qualify for an exemption under the law.
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