Legal Question in Credit and Debt Law in Pennsylvania

Re: delinquent credit cards questions

If all assets were always in husbande�s name, the creditors of wife cannot get those assets. Thus, she could file a bankruptcy and all those assets would be protected.

The only issue that arises is qualifying based on income. Bankruptcy looks at the income and expenses of the household. So, husband�s income would be taken into account in determining whether wife was eligible.

If a judgment were entered, it would be discharged in the bankruptcy.

I trust this answers your question but feel free to call or E-mail on a free initial basis.

Re: delinquent credit cards questions

There are a lot of questions here. Can the husband be held liable for a credit card debt because he is an authorized user? That depends on whether he signed or co-signed the agreement with the credit card company. Can you stop the credit card company from suing? No, anyone may sue anyone else for anything but that's no guarantee of winning and if the suit is without merit the plaintiff may be liable for costs including attorneys' fees. Can money be seized from a joint account held by husband and wife? Generally, no, unless the husband and wife are jointly liable for the judgment.

Finally, can the wife file a bankruptcy solely in her own name? Yes, but if the husband also signed or co-signed the credit card agreement, it may be better to file it jointly.