Legal Question in Family Law in Washington
Bankruptcy - Divorce
My husband would like to file for bankruptcy while we are married and I refused to join in with the filing as most of the credit card names are on his name. We only have 8K in credit card with both our names and I don't see a benefit for me to ruin my credit for 10 years. We are in the midst of filing for bankruptcy but he's contesting and wants to get the bankruptcy over first then settle on the divorce. On a legal standpoint, wouldn't the creditors go after me for his debts. Won't I be liable for the debts since we are still married when he filed for the bankruptcy? What do I need to do to protect myself and my kids from creditors harassing me for the collection of his debts? Do I need to get a temporary order before he files for bankruptcy? Please help.
1 Answer from Attorneys
Re: Bankruptcy - Divorce
Washington is a community property state. His debts are your debts. If he's in over his head, so are you.
The sooner you stop arguing against the inevitable, the sooner this will all be behind you.
The creditors can and will go after you for his debts unless you join the bankruptcy. You need to join the filing.
If you get a temporary order in the dissolution action before the bankruptcy stay kicks in, the temporary order *could* be supersceded by the bankruptcy order, depending on what he files for. I have recently seen child support rolled into a Ch. 13 such that the wife could not collect child support unless through the trustee.
Hope this helps. Powell
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