Legal Question in Bankruptcy in Nebraska

Re: Bankruptcy

You can file without your husband, but I don't think it will be possible for you to file without him learning about it. If you file, your obligation to pay dischargeable debts is eliminated, but any accounts held jointly will become the sole responsibility of your husband (he will be notified by the creditors that he is still liable for the debt). Any debt incurred during the course of your marriage in your name alone can be (but won't necessarily be) attributed to him as well. I am not clear on what your question was regarding selling your home. I think you want to know if your bankruptcy will be reflected on his credit report. It shouldn't, but if the loan or the title is to be in both of your names, it is reasonable for them to check your credit as well as his. I suggest that you speak with an attorney AND your husband about what options you have available to you. Good luck!

Re: Bankruptcy

Short answer -- you could file separately without informing your husband but I would not recommend you do it.

If you are married and own a home together your credit report will reflect your bankruptcy filing and if you and your husband decided to purchase a new home I don't think you could avoid him finding out about it. Many debts like credit card accounts are issued jointly to a husband and wife. In these situations if you filed bankruptcy the credit card company may attempt to begin collection actions against him. I would be happy to speak with you personally to discuss your case in more detail. I handle filings in Omaha and Lincoln. I am a UNL law grad. GO BIG RED! ph. (800) 303-0720