Legal Question in Bankruptcy in Texas

Re: Big Truck Bankruptcy

I understand that technically you are responsible since Texas is a community property state. However, many times when a bankruptcy occurs the creditor is notified of the bankruptcy and the bad debt is coded in their system as "bankruptcy". So you as the spouse may never hear from them again. Filing for divorce would not change the situation at all. Please feel free to call me to talk about your situation in more detail. ph (214) 979-7330

Re: Big Truck Bankruptcy

You are not liable for your husband's contractual debts under Texas law. If you own any non-exempt joint management community property, then a creditor may seize that to repay the debt. Texas has very broad exemption laws, so most of the property that you own is protected from creditor claims. Any sole management community property that you own is not subject to seizure for your husband's contractual debts. An example of sole management community property would be your wages from employment. Finally, any separate property that you own (for example, property that you acquired before marriage or that you acquired by gift or inheritence)are not subject to seizure for any of your husband's debts.

To summarize, you are not liable for your husband's contractual debts. This is a contractual debt. IF you did not sign the papers, you are not liable and it should not affect your credit.