Legal Question in Bankruptcy in Texas

Will creditors go after my husband if I file bankruptcy?

I live in Texas and considering Chapter 13 bankruptcy due to very serious credit card debt. All credit cards are in my name only. He was never a co signer or even an authorized user on any of them. If I file bankruptcy and the debt is discharged will the creditors go after my husband to get their money?


Asked on 3/02/08, 12:47 am

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: Will creditors go after my husband if I file bankruptcy?

Typically creditors do not know the law and think that since property acquired during the marriage is community property they assume that debt is a comminity obligation and will go after one spouse if the other does not pay. Debts for necessarries of either spouse are the liability of both spouses.

The short answer to your question is Probably.

You can file a joint bankruptcy to prevent this. The filing fee is the same.

Read more
Answered on 3/02/08, 1:48 pm
Keith Engelke Law Office of S. Keith Engelke

Re: Will creditors go after my husband if I file bankruptcy?

Typically creditors do not know the law and think that since property acquired during the marriage is community property they assume that debt is a comminity obligation and will go after one spouse if the other does not pay. Debts for necessarries of either spouse are the liability of both spouses.

The short answer to your question is Probably.

You can file a joint bankruptcy to prevent this. The filing fee is the same.

Read more
Answered on 3/02/08, 1:49 pm


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