Legal Question in Bankruptcy in Maryland

My wife is being sued by the Money Mailer. She brought a franchies Mpney M ailer 2 years ago and paid them 54,000 dollars she was in business for about 8 months and then closed. Now because she close the business the Money Mail is suing her for some 13,000.00 plus dollars for not keeping the franchise open. And it is in the contract that they can do this. My question concerns me directly if she filles for Bankruptcy can I avoid filling myself and am I affected in anyway?. I signed nothing and was not part of her business. She wants to file just on her self and the business the only thing we have in both names is the house which is underwater the way it is, no value there. The bills we have are all up to date and I don't want to file for anything but the Money Mailer and her. And don't want myself involved?


Asked on 12/22/10, 11:10 am

1 Answer from Attorneys
L. Jed Berliner Berliner Law Firm

You're wife cannot pick and choose which creditors to list and which to leave off. All creditors must be listed, under penalties of perjury, and that includes joint creditors.

On the other hand, she's free to continue to pay whoever she wants, including joint creditors so you won't be affected at all. The mortgage company won't care so long as the payments continue.

Your income and expenses must be disclosed in her bankruptcy, unfortunately.

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Answered on 12/27/10, 11:18 am


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