Legal Question in Bankruptcy in California

Spouse in Bankruptcy

Both my fiance and myself reside in California. She has excellent credit, mine has been badly damaged. I plan to file bankruptcy in 4-6 weeks, we will marry in aprx. 9 months.

1) will my bankruptcy adversely effect her credit rating?

2) assuming it does, what can we do to protect her credit rating from my past mistakes?

Thank You !


Asked on 1/08/02, 11:48 am

2 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: Spouse in Bankruptcy

Your bankruptcy will not affect her personal credit rating and if you are able to file it before you get married, it will limit any community debt liability as well. Once married you will have a joint credit rating which will, of course, be affected by your bankruptcy, but her personal rating will not be.

If you desire representation or if you have any further questions, please visit my webpage and give me a call for a consultation. I would be happy to assist.

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Answered on 1/08/02, 12:10 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Spouse in Bankruptcy

Thanks for your posting.

You have a common question in bankruptcy. It is important to remember that even when you are married, your credit report goes off of YOUR social security number, and only in cases where you are applying for a joint credit account will they treat you both as co-signers, checking both your credit.

In your case, if you declare bankruptcy by yourself while you are married, your credit report will show your bankruptcy. Your spouse's credit report will show no bankruptcy.

If you both apply for a loan together, however, then they will consider both her credit, AND your credit report, including the bankruptcy, in deciding how much to loan and at what rate.

I hope that helps, and if you have any questions, please feel free to call my office at 1-877-568-2977 or email me.

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Answered on 1/08/02, 1:11 pm


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