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Category: Family Law
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Couple separating. Person 1 is filing for BK. Person 2 is

Resolved Question:

Couple separating. Person 1 is filing for BK. Person 2 is not (no matter what).
Does Person 2 get put in any worse position by spouse's filing?

Community assets: home furnishings, clothing. $40K car of Person 1.
Separate: none.
Misc: unpaid accrued salary from pre and post separation. Don't know how one could collect from employer who can't afford to pay the accrued salary, but how does that play out?

(no intention of getting back together), Person 1 is co-signer on home loan, has $50K of credit card debt in her name, storage facility debt of $15 (where all home items have been for a year), $100K joint debt.
In Person 2's name (from a bill standpoint) is HOA, misc utilities.
In Person 2's name alone are credit cards and non-home lines : $200K
In person 2's name alone are judgments: $300K. The debts are from Person 2 signing personally on business debt (business is owned by other people, unrelated).
In person 2's name is $200K judgment based on dollars loaned to community, used by community, but taken out in Person 2's name.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks is for your question - ill be glad to assist.

Because California is a community property state, all debts of person 1 are also the debts of person 2 - even debts that person 2 doesn't have his/her name on, and even debts person 2 doesn't know exist. What this means is when person 1 files bankruptcy, all of his/her creditors will still have the right to pursue person 2 for the debt.

The bankruptcy doesn't erase the debt, it just erases a person's obligation to pay. Thus, every creditor of person 1 can come after and sue person 2 for any debts that person 1 is discharged of.

Also, the joint debts will appear on person 2's credit report as being in bankruptcy.

Thus, person 2 will have a significant change to his/her financial situation based on the bankruptcy filing.
Roger, Attorney
Category: Family Law
Satisfied Customers: 27084
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 4 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi: I'm hoping there is an additional rating from a reply.


 


On debt where both names are XXXXX XXXXX and there's a BK from wife, can husband:


Settle with credit card/financing co's, if that company agrees? In other words, husband is already working on negotiated settlement, can he include in those terms that her bk not go on his record -- that just the fact he's renegotiated if goes on record?


 


If house is short-sold with a deficiency on the 2nd line (not sure if she's on it or not), does that go on credit report (in general).


Does her BK show up on his if she files bk?

Expert:  Roger replied 1 year ago.
Yes, the husband can settle the entire debt if the company agrees.

You can negotiate that the account be closed, which should prevent it from being reported on the husband's account as being in bankruptcy.

Yes, the credit report should report the short sale.

Her bankruptcy will appear on any accounts that are held jointly.
Roger, Attorney
Category: Family Law
Satisfied Customers: 27084
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 4 other Family Law Specialists are ready to help you

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