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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5767
Experience:  20 years of professional experience
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my husband is dying and he has a lot of credit card debt. Soon

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my husband is dying and he has a lot of credit card debt. Soon he will be unable to work, should we file bankrupcy now so that when he dies, the CC debt is gone? I am in CA
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 7 years ago.
Since CA is a community property state, if you decide to file the both of you need to file otherwise the cc company can seek to recover the debt from the spouse who has not filed. Most of the time cc debt is considered community debt in community property states. Also, it would be a good idea to file before he passes away, otherwise the cc debts will get paid out of the assests of his estate and he will not likely be able to claim the exemptions that he could claim while he is living. In other words, if he files now, he may actually have exempt assets that he can pass free and clear to his heirs.

See: http://www.naldp.org/download/exemptions/California%20EXEMPTIONS.pdf

for a list of exempt assests.

JA experts are not permitted to have outside communications with JA customers. However, you may be able to find a bankrutpcy attorney to assist you in your area by going to www.lawyers.com or www.martindale.com.

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