Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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Yes - this is possible. A husband and wife are not required to file a bankruptcy jointly. One party can file without the other.The effect on the non-filing spouse will be dependent upon whether there are joint debts and/or joint assets. If there are no joint debts and no joint assets, there may be little or no effect on the non-filing spouse. If there are joint debts and/or joint assets, the non-filing spouse would remain liable on the joint debt and the joint assets would need to be included in the filing.
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Thanks. I'm not sure I understand fully. I have credit card debt in my name only, that I am having trouble paying down since I became unemployed when my company shut down. I want to try to bankrupt on those and work on paying off the ones we have in both our names. I don't want any bankruptcy record to show on my husbands background because he has a high level security clearance and it might cause problems for him and his employer.
After you have filed bankruptcy, the credit cards that are in your name alone will be discharged/erased. Your personal liability on the credit cards debtor jointly held will be discharged. The bankruptcy will show on the credit report but will not indicate that your husband filed bankruptcy
I don't understand your second sentence.
How could we know for sure? Would it help if he took me off the accounts that have both our names? Come to think about it, I'm not sure we have any that we actually opened together. We have just added each other as card carriers. Also, would getting a divorce help matters? We really cannot jeopardize his employment since I am no longer employed?
As long as I only list the ones that I, alone, am on then it won't affect him? Is that right?
What kind of lawyer should I contact locally?
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