Legal Question in Family Law in California

I am starting a bankruptcy with my husband. I am considering filing for divorce but wonder if it would be better to wait until after the bankruptcy is filed. There are things i have found on our credit report that are not mine so I really don't think I should be responsible for. For example, credit cards I did not know about. I have also found emails to old girlfriends. What should i do?


Asked on 10/19/09, 1:27 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

A bankruptcy won't help you with the e-mails or your husband's apparent roving ways. However, it likely will discharge your debts. I usually recommend that both parties join in the bankruptcy, so that there are no issues regarding splitting the debts upon divorce. Also, as a practical matter, you save having to pay the court double for the filing fee.

You might also contact the credit reporting agencies to allege identity theft if the charges that are neither yours nor your husband's. In that way, they'll put a freeze on the credit report.

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Answered on 10/19/09, 5:22 pm


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