Legal Question in Bankruptcy in Ohio

My wife took out many credit cards last year so that we could pay our bills, such as the mortgage. I did not know she had put some in my name only. Can she file bankruptcy alone, or will we have to file as married?


Asked on 10/13/09, 3:59 pm

1 Answer from Attorneys
David Michael Benson Benson Law Firm

She can file bankruptcy on her own. However, your income will be included to calculate whether she qualifies for a Chapter 7 and, if not, how much she will have to pay under a Chapter 13 plan. Please be aware that any debt with your name on it will not be discharged as to you unless you are joining in the bankruptcy. In other words, your wife would receive a discharge of the joint debt, but the creditor would likely then turn to you for full payment. If you would like to discuss the matter further, feel free to contact me at 216-241-2510.

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Answered on 10/13/09, 5:42 pm


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