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Peter,I am genuinely sorry to hear that, and it is a shame to hear that all your hard work is now in this predicament. Please allow me to respond in detail, and if you have any need to clarify, please follow-up, or if I make any incorrect assumptions.California is known as a 'community property' state. That means that all assets, property, and also debts and obligations that are obtained while married are considered to be a joint communal asset or liability. If you signed this guaranty prior to marriage, the debt is deemed separate and only you are responsible. But if you signed this guaranty while married, the holder of this guaranty can consider it a communal debt and pursue your spouse as well as you for the funds. As a consequence it may require a petition for bankruptcy and subsequent discharge of this debt as a means of avoiding collections. Your spouse may be vulnerable to their collections.Good luck.
Peter,Thank you for your follow-up. There is no need to open a new question, just use the reply button. I will be happy to answer your question below.You asked:In reference to my situation my wife is Canadian and we were married in Montreal. She is hear on a green card. Can they still go after her. If I have to file bankruptcy do we both need to file or just me ---She is still your wife and she resides in the US with you. Even if she is a foreign citizen, she is still a California resident, which means that the creditors are still free to pursue her in this situation. If you file for bankruptcy, your spouse will likewise need to file as well.Good luck.
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