Legal Question in Bankruptcy in Illinois

Debt and marriage, cause and effect.

I started Ch.7 2-3 yrs. ago, and didn't complete. Most of my debt I incurred single. I wed Augst '01. Is my mate now responsible for my debt? Would Ch. 13 be better to protect him; his home, and car? Does marriage make you responsible for partners debts prior to marriage in IL? Or are you only responsible for debts incurred during marriage? My e mail is [email protected]. My sincere appreciation. Also what does term co debtor mean?


Asked on 3/07/02, 3:03 pm

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Debt and marriage, cause and effect.

Your spouse is not liable for your prior debts, unless he agreed to be so liable. In Illinois, spouses are only liable for the debts of the other spouse to the extent the spouse agreed to be liable or for the spouse's necessities. A co-debtor is a person who also agreed to be liable for the debt. Consult with a competent bankruptcy attorney in your community about the details of your situation to see if chapter 7 or 13 would be better for you.

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Answered on 3/07/02, 3:13 pm


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