Legal Question in Bankruptcy in Pennsylvania

Bankruptcy and Spousal Responsibility

I am considering filing for bankruptcy (Chap.7) for credit card debt. My spouse is not on any accounts. He does own the home prior to the marriage and I am not on the deed. Can a lien or judgement be placed upon the property if I get sued by the creditors?


Asked on 4/17/03, 9:54 am

3 Answers from Attorneys

Brandon Barnett Brandon J. Barnett Attorney At Law

Re: Bankruptcy and Spousal Responsibility

As long as the property is not your name no liens can be filed. Even if the property is jointly held they still cannot file the lien assuming the debt is only yours. If you only have consumer debt you may qualify for a chapter 7 or chapter 13 bankruptcy and still keep your property and other savings. My office provides a free initial consultation.

Regards,

Brandon Barnett, Esq.

412-916-1677

www.youresquire.net

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Answered on 4/19/03, 8:56 pm
Stanley Fudor Law Offices of Stanley Fudor

Re: Bankruptcy and Spousal Responsibility

One of the purposes of filing bankruptcy is terminate the legal responsibility of the debtor to the creditor. Creditors can not place liens/judgments on property that does not belong to that person (debtor). If your name is not on the deed, then any lien/judgment that is in your name only can not be placed on the property.

You may file your bankruptcy without affecting the house.

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Answered on 4/17/03, 1:45 pm
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Bankruptcy and Spousal Responsibility

As long as the house was never in your name and the debt is not owed by your husband, the creditors can neither sue your husband nor place a lien on the house. However, should you ever have the house in your name in the future, it will be exposed. That is a significant reason to file so that you avoid that threat.

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Answered on 4/17/03, 10:28 am


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