Legal Question in Bankruptcy in Maryland

Bankruptcy

To Whom It May Concern,

I have two questions regarding bankruptcy. The first is, I've heard that under some circumstances, the court will not grant a bankruptcy petition. What circumstances are these? My second question is, I'm married, but almost all of our debt is from credit cards that are in my name. Will my husband's credit suffer if only I file for bankruptcy?

Thank you very much!


Asked on 8/11/03, 10:54 pm

2 Answers from Attorneys

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Re: Bankruptcy

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Answered on 8/12/03, 4:17 am
Carolyn Gilden Krohn Law Offices of Carolyn Gilden Krohn

Re: Bankruptcy

The Bankuptcy Court will sometimes not grant a bankruptcy discharge when it finds that certain debts have been incurred by fraud, or if a debtor is found to have been untruthful about his or her assets, or that certain transfers have been made but not disclosed. There are many other scenarios. As to your second question, you say "almost" all of your debt is in your name. If you have even one joint debt, and you own a house or other major asset that is titled in both of your names, you should seek the advice of counsel before filing a Chapter 7 petition. If you file a Chapter 13 petition, and there is joint debt but you pay that joint debt in full, your husband's credit report will reflect "account included in bankruptcy" but it will not state that HE filed a bankruptcy petition. I hope this helps.

Carolyn G. Krohn

60 West Street, Suite 220

Annapolis, MD 21401

(410)280-5000

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Answered on 8/12/03, 6:28 am


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