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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 174
Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
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If a debtor who is being harassed by creditors in regards to

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If a debtor who is being harassed by creditors in regards XXXXX XXXXX deceased husbands debt and the debt in question was in his name only, can the spouse file a BK and discharge that debt?
I am a bankruptcy attorney and I would be happy to assist you! I am sorry to hear that you are being harassed by creditors. As you may be aware, CA is a community property state. What this means is that if your spouse who passed incurred any debt (medical, education, credit cards, pay day loans, car repossession, bank debt, etc.) and it was only in his name, the creditors can still come after you to collect. So for example, if a husband has a $100,000 credit card only in his name and passes away, the credit card company may attempt to collect it and sue his spouse for at least $50,000, even if she didn't know about it.

Fortunately, since you are in CA, you may file bankruptcy to discharge all of your husband's debt. I would recommend that you discuss your options with a bankruptcy attorney in your area. Typically, a bankruptcy consultation is free of charge. You should pick an attorney you feel comfortable with and that is knowledgeable on the law.

I hope my answer has assisted you and that you will provide me a positive rating!

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