Legal Question in Bankruptcy in Florida

Credit Card debt

If married and one spouse has credit cards out of control. Do you both have to claim bankruptcy. What would you

suggest?


Asked on 9/27/00, 11:57 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Credit Card debt

More facts are needed in order to answer your question completely. The answer depends on whether or not the spouse who does not have a problem is obligated on the credit card agreement to be responsible for the debts of the spouse who has the problem. Simply put, if the spouse who does not have the credit card problem did not sign the application for the credit card and has not obligated himself or herself for the debts of the other, there would be no need to file a bankruptcy for the spouse who is not obligated. A married person can file individually for bankruptcy while the other spouse remains solvent. This is a serious legal question and you should consult an experienced bankruptcy attorney about this and other legal issues regarding your finances. It is possible that an alternative workout arrangement can be made. There are also non-porift agencies such as Consumer Credit Counseling Services which may be able to help you. Be wary of any fees charged by credit services, however. This sometimes increases your debt without any relief for the debtor.

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Answered on 10/26/00, 12:37 am
Joel Cohen Joel M. Cohen,P.A.

Re: Credit Card debt

We file Petitions for many married people separate from their spouses. Telephone me and I'll show you how to do it yourself and save a bundle!

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Answered on 10/26/00, 5:02 am


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