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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Hello, I live in California a community property state and

Customer Question

Hello,

I live in California a community property state and i recently filed bankruptcy. I included the debt that was in my spouses name that we established as together while married as community debt. Her creditors Hsbc and some other credit card companies refuse to acknowledge the community property laws and state that they will continue collection on the account and report her negatively to the credit bureaus since the bankruptcy was not filed in her name. How can i do to stop them from reporting 30/60/90 and so on until the discharge?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.

Hi JACustomer,

I think you have a misunderstanding of the community property laws, as in community property states, debts that are incurred during the marriage - even if incurred by only one spouse - are considered to be the debt of both spouses, and only dischargeable for the spouse who is filing.

The non-filing spouse remains responsible for that debt, and including community debt only eliminates the liability for the spouse who is filing.

 

I think this is what you wanted to know. If not, please let me know.
Thank you!

Customer: replied 6 years ago.
Relist: Inaccurate answer.
Customer: replied 6 years ago.
Relist: Inaccurate answer.
Expert:  cfortunato replied 6 years ago.
I opted out of this question, so that someone else can help you further.
Customer: replied 6 years ago.
Relist: Inaccurate answer.
Expert:  cfortunato replied 6 years ago.
I opted out of this question, so that someone else can help you further.