Legal Question in Bankruptcy in Indiana
Payment liabilities
M y spouse acquired credit cards without my knowledge, and without my signature. She has 10,000 dollars of debt . She has no income and I cannot afford to pay them off. What are my options? Can she file bankruptsy without me being involved?
1 Answer from Attorneys
Re: Payment liabilities
Assuming she did not open the accounts as joint accounts and they are truly in her name alone, she could file bankruptcy without you filing. However, the problem will arise if it turns out that she put your name on any particular account and/or a creditor wants to challenge her discharge by claiming that the use of the credit was for the benefit of your family. They can come after you in such situations if they prove that she used the cards for basic family necessities. Typically, if the cards are just in her name she can seek to discharge the obligation.
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