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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I run a daycare. Parents have run up a bill and now the husband

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I run a daycare. Parents have run up a bill and now the husband (and only him)has filed for bankruptcy and I have received that notice. It was the wife that signed the daycare application.

Can I still collect from the wife since she signed the application? Would I be in violation of the bankruptcy filing should I try to collect from the wife? Should I file the debt at the creditor's meeting? I have received checks from one or the other parent during the 3 years that I took care of their child.

You are prohibited from collecting against a debtor in a bankruptcy. The prohibition extends to co-debtors if a Chapter 13 was filed.

Therefore, if only the wife signed the application, you can proceed to collect from her regardless of the husband's bankruptcy.

However, if both the husband and wife signed the application, you cannot proceed against the wife if the husband filed a Chapter 13 but you can if he filed a Chapter 7.
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
It was a Chapter 7 filing for only the husband. Based on your response I will continue my collection against the wife. Thank you, E
Correct. Thank you.