Legal Question in Bankruptcy in Massachusetts
bankruptcy
My daughter is married and is separated. She is facing possible foreclosure on her home and her husband told her he is seeking bankruptcy information as a possible way to get out from under the house payments - or worse.
My question is - if she is not a party to the bankruptcy request, will she be affected by what the husband may do, without her approval or knowledge? She does not want to file for bankruptcy. Can he go ahead on his own without impacting her?
Thank You,
2 Answers from Attorneys
Re: bankruptcy
She will be affected as to any joint debts.
Re: bankruptcy
If successful, a bankruptcy proceeding leads to an order discharging the debtor from personal liability for debt.
That means that if two people are liable for a debt, and one of them receives an order of discharge from a bankruptcy court, the creditor can still pursue the one who did not.
Typically, a husband and wife are equally liable on a note for the purchase of a house. If one files and receives a discharge, the spouse who did not remains liable on the debt.
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