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Roger
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Category: Family Law
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following up: OMG. Let me make sure Im understanding. Ugh. Wife

Resolved Question:

following up: OMG.

Let me make sure I'm understanding. Ugh.

Wife files bk during separation (or after divorce i'm assuming is the same) on debt that is in both their names, then a BK filing note will be put on Husband's credit report on those that are in both their names.

Debt that wife's name alone on doesn't affect husband.

Debt that husband's name alone on does not affect husband, except that wife will be discharged from any obligation she might have under community property/debt law. Right? Creditor of debt in husband's name alone will have to discharge her, but a bk note does NOT go onto his credit report?
Foreclosure: HOA does not get discharged against either husband or wife, right?
Storage area debt: That does not get discharged even if court orders the area to allow access to items, right?
Any other negatives to Wife for filing BK?
Submitted: 11 months ago.
Category: Family Law
Expert:  Roger replied 11 months ago.

Kirk Adams :

Hi - thanks for looking me up again.

Kirk Adams :

Yes, all joint debts would contain a notation on both spouse's credit reports that the account is in bankruptcy.

Kirk Adams :

The debt that is in wife's name alone WILL affect the husband because California is a community property state and the husband is responsible for her debts - - even if he's not an account holder.

Kirk Adams :

Wife would be discharged of the obligation to repay any of the debts - joint, hers alone or his alone.

Kirk Adams :

Accounts that the husband is on alone should not have a bankruptcy notation on the credit report - - only joint accounts with the wife.

Kirk Adams :

HOA dues that are assessed up to the filing date of the bankruptcy are dischargeable as to the filing party (wife), but dues that accrue AFTER the filing are not discharged and are collectible against both. Here's a good article on that: http://www.nolo.com/legal-encyclopedia/can-i-discharge-hoa-dues-chapter-7-bankruptcy.html

Kirk Adams :

I'm not sure about the storage area debt.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26350
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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