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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2891
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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If my wife files a ch7 and includes my credit card debt (incurred

Customer Question

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
Expert:  Terry L. replied 7 years ago.
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.
Customer: 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?

Expert:  Terry L. 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.
Customer: 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!!