Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law

If my wife files a ch7 and includes my credit card debt (incurred

Customer Question
during our marriage) can they...
If my wife files a ch7 and includes my credit card debt (incurred during our marriage) can they still come after me if the debts are discharged. I cannot file as i field in 2005. We live in community property Arizona. Pinal County
Submitted: 7 years ago.Category: Bankruptcy Law
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 1 hour by:
5/4/2010
Bankruptcy Lawyer: Terry L., Attorney replied 7 years ago
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,914
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified
Hi and thank you for your question. If you do not file, you will always be responsible for your debt, and any of her debt incurred during the marriage because of the community property rules, regardless if she files a bankruptcy. So, it will usually be advisable to both file jointly. Talk to a local bankruptcy attorney, most will offer free consultations, and they can review the community property rules with you and decide if she should file individual or if you should do a joint case. The terms of your loan modification regarding breach will control as to whether it will get tossed because she files bankruptcy. Read the full loan modification (or have your attorney read it too) to determine if there is any acceleration clause regarding a bankruptcy. Thanks for your question, and good luck to you.
Ask Your Own Bankruptcy Law Question
Customer reply replied 7 years ago

I don not have a loan modifaction cotract to go over. We still are in a "TRIAL' 8 payments into this circus. Under The HOme Owner Modifcation Progam cann aa bank or servicer retract the trial mod if we are current jsut because we file bk?

 

Also I in community property my debts are her debts and she gets the debts discharged, the debt is nno longer valid so how can they come after me?

Bankruptcy Lawyer: Terry L., Attorney replied 7 years ago
if there is nothing in contract, then you are correct in being concerned that the deal can get tossed out if and when you file for bankruptcy. Talk to your lender regarding this issue. The community property state works both ways. You are responsible for her debt incurred during the marriage too, and your liability may not extinguish when she files her case. Talk to a local bankruptcy attorney to review all options available to you both. Thank you and good luck.
Ask Your Own Bankruptcy Law Question
Customer reply replied 6 years ago

Relist: Answer quality. Nothing against Terry but his licenseto practice law was obtained in a non--community property state.I would like to get my answers from an attorney that is lic in one of the 11 community property states. One in Az would be great!!

Ask Terry L. Your Own Question
Terry L.
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,914
2,914 Satisfied Customers
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

Terry L. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,914 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
I am the buyer on a land contract. The seller wants to get
I am the buyer on a land contract. The seller wants to get out of the contract to go with another offer/contract. They have threatened to file bankruptcy if we do not accept a small fee to walk from o… read more
DrakeLAW
DrakeLAW
Juris Doctorate
975 satisfied customers
Can credit card debt be listed on schedule j under other
can credit card debt be listed on schedule j under other question 21 … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
About 15 years ago I had a credit card debt of $10,000. My
About 15 years ago I had a credit card debt of $10,000. My friend had a Discover Card and offered to transfer my debt onto her card because at the time it had no interest charge offer at the time. I w… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
81 satisfied customers
Will my contracts with ATT, TV, and Cel phone be terminated
HI! will my contracts with ATT , TV, and Cel phone be terminated through bankruptcy 13 or 7? Thank you. … read more
Loren Stone
Loren Stone
481 satisfied customers
I have a contract with a California corporation and the
I have a contract with a California corporation and the consideration are Pref shares of the company. There are three payments; an initial payment, 2 years later and 4 year later. Paid in thirds. The … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,256 satisfied customers
Assignment of an executory contract in bankruptcy or a
Assignment of an executory contract in bankruptcy or a workout. If a corporation underwent an involuntary wind down. Say an ABC (Assignment for the benefit of Creditors) would the "sale of all or subs… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers
I have an Executory contract. A 10 year license of software.
I have an Executory contract. A 10 year license of software. We are the Licensor. The licensee has paid for the license with shares of its company (private). There are milestone payments. I believe th… read more
DrakeLAW
DrakeLAW
Juris Doctorate
975 satisfied customers
I have substantial credit card debt, and i am currently
I have substantial credit card debt, and i am currently unable to make the monthly payments.… read more
Ray
Ray
Lawyer
Doctoral Degree
30,854 satisfied customers
I (co-borrower) am in both Hardship Loan Modification and
I (co-borrower) am in both Hardship Loan Modification and Underwriting and CHASE also filed foreclosure proceedings that are at the end of negotiations and almost granted. I have had terrible injuries… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,271 satisfied customers
I have over $100K of credit card debt and my revenues do not
I have over $100K of credit card debt and my revenues do not allow me to pay my debts. If I file for personal Bankruptcy, will I be able to keep my LLC and a business bank account? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I am a chapter 13 and attempting to get a loan modification
I am a chapter 13 and attempting to get a loan modification on property and have been in contact with whom I thought was my loan mortgage aka servicing company. I have been paying them for years- now … read more
socrateaser
socrateaser
1,442 satisfied customers
Currently I have 2 credit card debts with a total amount of
Currently I have 2 credit card debts with a total amount of $15,000. I also have many other unpaid bills that I can't afford to pay. I'm making less than $45,000/year and going through a divorce (I ho… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,271 satisfied customers
My wife accumulated a lot of credit card debt and now she
My wife accumulated a lot of credit card debt and now she wants to file chapter 7. How will this relate to me and my assets, inclufing my home which I bought ling before we were married and is only in… read more
DrakeLAW
DrakeLAW
Juris Doctorate
975 satisfied customers
Can a debtor pick and choose which executory contracts they
Can a debtor pick and choose which executory contracts they want to either assume or reject in their bankruptcy schedule filing? Or do they need to assume all/reject all executory contracts.Also, is i… read more
Terry L.
Terry L.
Attorney
2,914 satisfied customers
We sued a person for breach of contract, they filed
We sued a person for breach of contract, they filed bankruptcy right before the last court date so they didn't have to pay, can we re file the suit under a different cause. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,854 satisfied customers
I am a homeowner with close to $35,000 in credit card debt.
Good morning, I am a homeowner with close to $35,000 in credit card debt. I find myself in a deficit of about $250/mo paying mortgage, household expenses, and credit card payments. Would I be eligible… read more
Terry L.
Terry L.
Attorney
2,914 satisfied customers
Credit Card debt. I'm in California my wife lives in France.
Credit Card debt. I'm in California my wife lives in France. IM filing for BK chapter 7. Separate from my wife. I stopped paying on a credit card in 2005. We got married in 2006. Cach LLC picked up th… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,271 satisfied customers
I just got served a lawsuit for a credit card debt. It was
I just got served a lawsuit for a credit card debt. It was my ex wifes card but my name was on it. In our divorce papers it says it's her responsibility. That was in 2010. She had already stopped maki… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,868 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x