Legal Question in Bankruptcy in Wisconsin
Non-Filing Spouse in Wisconsin
I filed Ch. 7 with my husband as a
Non-Filing Spouse. I was granted a
discharge on 2-20-07. One of my
husbands credit cards that was
included in my bankruptcy does not
understand the Marital Property Laws
in Wisconsin. Where can I find a copy
of Marital Property as it pertains to
Bankruptcy?
1 Answer from Attorneys
Creditors of Non-Filing Spouse in Wisconsin After Bankruptcy
You need to ask your bankruptcy lawyer to bring a lawsuit to have the creditor held in contempt of court for its apparent failure to obey the court's discharge order. It is also possible to get an order for the creditor to pay your actual attorney fees for this lawsuit. If you do not protect yourself in this way, it is still fully possible for the creditor to get away with illegally suing you and garnisheeing your wages (or taking any other collection actions). Discharge of a non-filing spouse's debts is more a creature of federal bankruptcy law than WI law--WI law does not really say much about such matters. Accessing federal bankruptcy law is expensive and complicated, but easy for a bankruptcy lawyer who subscribes to various online access services. Section 523 of the bankruptcy code is a good place to start if you want to attempt this yourself, but you may be overwhelmed in attempting to understand it if you do not work with the code on a daily basis. The complexity of U.S. bankruptcy law (comprised of the bankruptcy code, case law and the Federal Rules of Bankruptcy Procedure) is surpassed only by the complexity of the U.S. Internal Revenue Code.