Legal Question in Bankruptcy in Nevada

Married & Filing Individual

Since my spouse has filed Chap. 7 in 1997 (during previous marraige), I understand that if I wanted to file Chap. 7 I'd have to do this separately. Most of the debts were incurred after we were married, and some of the accounts/credit cards are in both our names. I realize that the creditors will go after him. But since he isn't currently employed, what are other recourse do they have?

Our current total assets are probably valued at $500, so we really don't have anything. Should he file Chap.13 as soon as he becomes employed? And one more thing, if my car was reposessed and the bank is demanding payment for the difference, can I list this when I file?


Asked on 6/04/03, 8:44 am

1 Answer from Attorneys

Married & Have to File By Myself 'cause spouse previously filed

This is one of those "gotta wait & see" situations. Many creditors, after discontinuing collection efforts against you, will close out their file & will never be heard from again. Will there be any that will look to your spouse for payment in the future. Ah, my crysal ball has gone dark. There is no way to know what fate has in store and the future is mysterious. But if you need an attorney to handle your bankruptcy, I hope you will give me a call.

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Answered on 6/04/03, 12:33 pm


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