Legal Question in Bankruptcy in Virginia

Re: Seperation and Bankruptsy

Her liability on her debts will generally be discharged, but if you do not file, yours will not. As long as you remain current on your mortgage, you should not have a problem keeping the house despite the bankruptcy. If you have any joint creditors, they will still be free to come after you for the debts. Any obligation which either of you assumes or is ordered to assume for the benefit of the other in the divorce case will not be discharged in bankruptcy (i.e., if she agrees to pay certain credit cards as part of the divorce settlement, the creditor will not be able to enforce the debt against her, but you will). You should consult with a bankruptcy lawyer if you have more specific questions.