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Ask WALLSTREETESQ Your Own Question
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17210
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Am I able to file for Bankruptcy in regards XXXXX XXXXX own credit even if I am married Or

Resolved Question:

Am I able to file for Bankruptcy in regards XXXXX XXXXX own credit even if I am married? Or is it better to just consolidate the debt? Some one is using my social security and they took out credit under my name.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

In California since it is a State where the Spouse could be liable for the others debts, it may be better to file together, if possible.

Customer:

What if the debt is consolidated? Is that a better option?

WALLSTREETESQ :

In community property states, spouses equally own all property earned or received during the marriage, splitting 50-50. In bankruptcy, then, all the community property you and your spouse own jointly is part of the bankruptcy estate, regardless whether you join in the filing. Your separate property -- property you owned before the marriage -- is not effected by your spouse's bankruptcy. Property held by your spouse will be used to settle debt first, and then non-exempt community property will be used.

WALLSTREETESQ :

A debt consolidation is not better than a bankruptcy as it would hurt your credit more, and you would be stuck with a long term payment.

WALLSTREETESQ :

If you do file a bankruptcy without your spouse, that is best as it discharges all of your debt.

WALLSTREETESQ :

Since all of the community property became part of the bankruptcy estate, upon the discharge of the filing spouse, all of the community property later acquired by the couple is free from the claims of the community creditors included in the bankruptcy. This is laid out in Section 524(a)(1)(3) of the Bankruptcy Code.

WALLSTREETESQ :

If you file by yourself, she would not be liable for any of your debts, but be aware all her property has to be included.

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask

WALLSTREETESQ :

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