Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law

To what extent can I discharge community debt I share with

Customer Question
my husband I am the...
To what extent can I discharge community debt I share with my husband I am the one filing for bankruptcy? Say, for example, that he is in collections for hospital copays incurred while covered under my health insurance?
Submitted: 7 years ago.Category: Bankruptcy Law
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 24 minutes by:
9/4/2010
Bankruptcy Lawyer: cfortunato, Attorney replied 7 years ago
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
Experience: Bankruptcy professor.
Verified

Hi Customer,

You can discharge your personal obligation for the community debt, but if you file alone, your husband will remain responsible for that debt. Unless he also files, the collection agency can still attempt to collect those bills from him.

By the way, debt that is incurred for the benefit of one spouse only is not considered to be community debt, unless the other spouse personally guaranteed that debt.

Ask Your Own Bankruptcy Law Question
Customer reply replied 7 years ago
Thank you! Are there any legal repercussions for someone who neither pays off debts nor files for bankruptcy? 
Bankruptcy Lawyer: cfortunato, Attorney replied 7 years ago

The creditor can get a judgment for the debt. This judgment can be used to garnish wages and bank account(s), and to place liens on property. However, because of the Homestead Exemption, which goes from $75,000 to $175,000 depending on the household composition, most homes are protected from liens, and cars with less than about $3000 - $3500 equity are also protected.

cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
Experience: Bankruptcy professor.
Verified
cfortunato and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Ask cfortunato Your Own Question
cfortunato
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
8,023 Satisfied Customers
Experience: Bankruptcy professor.

cfortunato 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

2,672 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 have a bankruptcy question about a 2nd morgage. I had a
I have a bankruptcy question about a 2nd morgage. I had a forclosure almost a year ago. I no longer have the the house.The company that did my foreclosure had given me the impresion the 2nd would be i… read more
cfortunato
cfortunato
Attorney
8,023 satisfied customers
I'm an investor in a company going into Chapter 11. Do I
I'm an investor in a company going into Chapter 11. Do I need to, and how would I file a proof of interest?… read more
socrateaser
socrateaser
1,031 satisfied customers
I have one primary home, one rental property and I file
I have one primary home, one rental property and I file bankcrupcy chapter 7 , the rental property will be sell for action to pay for creditor, the house has appraise for $640,000.00 Here is trustee c… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My homestead is in Minnesota. Recently we have been 6 months
My homestead is in Minnesota. Recently we have been 6 months in Florida so applied for Florida residency for tax benefits. We live in a home there which in is the name of my new wife of 2 years. My bu… read more
cfortunato
cfortunato
Attorney
8,023 satisfied customers
Sister in dire need of bankruptcy advice and can't afford
Sister in dire need of bankruptcy advice and can't afford the fees. She is about 2 months away from being totally insolvent. What should she do?… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
I receive from a lawyer about a credit card I owe nearly
I receive from a lawyer about a credit card I owe nearly 6000.00 it was signed by a judge. I only have 30 days to answer back. Can I file bankruptcy? I am disable. This in the state of N.M.… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
My ex wife bought her house with our equity line(HELOC).
my ex wife bought her house with our equity line(HELOC). divorce papers stated she was to take over and didn't...now HELOC bank is after my home. will bankruptcy help save my house?… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am considering applying for bankruptcy. Not sure if it's
I am considering applying for bankruptcy. Not sure if it's going to be 7 or 13. Filing depends on my ex-landlord's willingness to negotiate and settle. In 2008, I signed a commercial lease in my perso… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
Why is it legal for a creditor to get awarded a wage
Why is it legal for a creditor to get awarded a wage garnishment against me while I am in a Chapter 13?This creditor was a debt my almost ex wife had and was not notified of the chapter 13 filing I'm … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,425 satisfied customers
If a debtor is subject to a wage garnishment and the wages
If a debtor is subject to a wage garnishment and the wages are garnished at the employer level, what happens to the non-garnished wages? Can the creditor now just go to the bank and get the 75% of the… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,612 satisfied customers
After a Chapter 7 Bankruptcy, an Equity loan was reaffirmed,
After a Chapter 7 Bankruptcy, an Equity loan was reaffirmed, but only by the husband. The wife never signed. Does this mean that the loan company now has lost consent? In her not reaffirming the loan … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I filed a proof of claim for wages awarded by the CA Labor
I filed a proof of claim for wages awarded by the CA Labor Commission but the earned date is outside of the 180 day threshold per 507(a)(4) to qualify for priority status. Can I tardily file a wage cl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am an unsecured creditor (unpaid wages awarded by the
I am an unsecured creditor (unpaid wages awarded by the Labor Commission) in a Chap 7 bankruptcy case. I just received a summary of the trustee's final report and it appears that the trustee is recomm… read more
DrakeLAW
DrakeLAW
Juris Doctorate
831 satisfied customers
I was pursuing unpaid wages from a previous employer when he
I was pursuing unpaid wages from a previous employer when he filed Chapter 7. The wages are more than 180 prior to the date of the bankruptcy filing. Is there a way to keep my claim from being dischar… read more
Bill Attorney
Bill Attorney
law
1,415 satisfied customers
I am not sure. I got sued by a collection agency and am
I am not sure. I got sued by a collection agency and am trying to file my Answer correctly … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,612 satisfied customers
21 November 2016 05:31 New Question: The Garnished wages
21 November 2016 05:31 New Question: The Garnished wages were not included on Schedule C. Can the Debtor Amend Schedule C to include the Wages? What other Schedule needs amending; and what is the prop… read more
Law Tutor, Esq.
Law Tutor, Esq.
Lawyer
Doctoral Degree
165 satisfied customers
If payment is being made to a collection agency on regular
If payment is being made to a collection agency on regular bases for several months and then you increased payment can they still take you to court or force you to go into bankruptcy?… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
Regarding my previous question (Bk 7), home equity of
Hi!Regarding my previous question (Bk 7), home equity of $18000:Do you think that the trustee would deduct certain potential expenses from my "equity" ,to estimate their "PROFIT,like :real estate brok… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,970 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