Legal Question in Bankruptcy in Florida

Do Husband and Wife Both Have to File Bankruptcy

My wife owes about $100,000 on her credit cards.

I owe about $20,000 on mine.

Most of our cards are Not joint cards but in our individual names.

Is it possible/practical for my wife to file bankruptcy on just her debts while I continue to pay

mine?

We filed a joint bankruptcy about 14 years ago.

I have the only income, about $25,000 per year.

If just she filed, what about the couple of joint cards that we have?

Thanks, very much.


Asked on 10/07/01, 11:00 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Do Husband and Wife Both Have to File Bankruptcy

That is an extremely complicated topic. If you were married during the time the charges were made on the cards, then the debts are both of yours by virtue of community property laws if you live in California. Your spouse can of course file bankruptcy without you, but she would have to include your debts cards in the bankruptcy schedules (because they are, as I explained above, her debts also). Of course, there is nothing preventing you from continuing to pay on your cards.

Read more
Answered on 11/21/01, 3:26 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Florida