Legal Question in Bankruptcy in Florida

Spouse disputes

If one spouse files bankruptcy and in the future a divorce takes place, can the other be liable for anything (for instance a chapter 13 where monies are being paid back)? Is ther any type of agreement in which both parties (in case of a divorce) would be liable (as far as a credit rating goes) if just one of the two parties filed, although they were both at fault for the debts? Can ,for instance, an apartment complex or employer have or exercise a right to deny residence or employment to any individual for filing bankruptcy? Is it a good idea for just one of the spouses to file rather than the both of them? If there is a co-signer or secondary name on the paper work, can or will they be liable for the debt? Thank you for your time and quick responce. I am very greatful......................


Asked on 12/03/97, 11:39 pm

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Spouse disputes in Fla.- Bkruptcy. Law

If one spouse files bankruptcy and in the future a divorce takes place, can the other be liable for anything?

Yes, if the other also signed for the debts. But whether there is divorce or not the Ch. 13 plan should be formulated so it can be completed by the one filing, if possible.

Is there any type of agreement in which both parties (in case of a divorce) would be liable if just one of the two parties filed, although they were both responsible/liable for the debts?

You could attempt to get an indemnity agreement as part of any settlement but it is only as good as the person who signs it.

Can ,for instance, an apartment complex or employer have or exercise a right to deny residence or employment to any individual for filing bankruptcy?

Entities/individuals can and do discriminate on the basis of your credit history and bkruptcy. is a factor that they should consider. You can't utilize bkruptcy. without consequences.

Is it a good idea for just one of the spouses to file rather than the both of them?

Impossible to answer who should file without more info., it depends on the facts.

If there is a co-signer or secondary name on the paper work, can they be liable for the debt?

yes.

I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.

Nothing can substitute for a personal conference with an attorney and you are strongly encouraged to call/consult with one.

By answering your question I am not agreeing to represent you and do not intend to create an atty./client relationship. I accept no responsibility for errors or problems arising from the answers I give. PROCEED AT YOUR OWN RISK!

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Answered on 12/04/97, 8:58 am


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