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Debt Consolidation Forums Bankruptcy Chapter 7 and Chapter 13 forums

File Bankruptcy without spouse.. will it affect him?? HELP!!

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Here is my dilemma… I got into MAJOR credit card debt!!! $30,000 all in my name only, not my husband. We can no longer pay the credit cards (well, haven’t in months) and pay our regular bills. I was basically paying all our bills with our income.. and since we had none left over.. living off of credit cards in my name. I am in deep debt.. with John P Frye Law Office calling me, Atlantic Credit calling me and Allied calling me wanting money.. I have looked into debt settlement, but with them I can still get sued and there payments are still high. I was looking into Chapter 13 bankruptcy. I have an appointment next week and can’t wait. My problem is, I can’t let this hurt my husband’s credit. He has the good credit and we need it to stay good. I really don’t care about mine, its already crap. The house is in both our names.. if I will file, and we are joint on the house.. will this in any way affect him??? One bankrucpy firm told me yes, one told me no.. what do I do??? I know I have to tell him, but it will be easier if it wont affect him.. Please help.. any advice??????

I found some information at The Bankruptcy Law Network, I'll post it so you can read it. It was written by Bankruptcy Attorney Cathy Moran.

One of the most frequent questions asked about bankruptcy is whether spouses must file together. The answer is ???????no???????; one can file bankruptcy without their spouse. Married folk may file a joint case: one set of papers; one filing fee, but they are not required to.

There are many reasons why it may be advantageous to file without a spouse, depending on how property is held; who is liable for the debts; and whether a bankruptcy filing would adversely affect one spouse.

The filing spouse frequently worries about the impact of bankruptcy on the non filing spouse. The law provides that each individual has a separate credit file, for credit reporting purposes. Thus a married couple????????s credit worthiness is a blend of the contents of his file and her file. So a bankruptcy will affect future joint applications for credit. It should not, however, result in a bankruptcy notation in the non filer????????s credit record.

Bankruptcy or no, if the spouses are jointly liable on a loan and that loan goes unpaid after the bankruptcy, it will have an impact on the non filing spouse, but it is the nonpayment rather than the other????????s bankruptcy, that blots the credit record.

Good legal advice is necessary to evaluate whether there are non obvious issues that might drag the non filing spouse????????s affairs into the bankruptcy court.

Sub: #1 posted on Wed, 04/09/2008 - 21:18

Shazzers Shazzers
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(Posts: 17345 | Credits: )

I was wondering the same thing. Everything i have read points to you being able to file individually, but you really need to go to that consultation first to found out for sure. I am thinking about doing the same thing as you. I am not sure if it's going to do any good though because most of the debt we have is in my husband's name, about $140,00. My debt is about $40,000.

Sub: #2 posted on Wed, 04/09/2008 - 22:01

kjeanangel kjeanangel

(Posts: 31 | Credits: )

Have you explored all your possibilities before deciding on filing bankruptcy? trust me it ruins your financial future and stays on the credit for a longer time. It should always be the last resort.

However, some states will allow you to file a bankruptcy alone, but if your are residing in the community property state, then it will affect your spouse's credit anyway. the following states are in the list of community property states of USA:

  • Arizona
  • California
  • Idaho
  • Louisiana
  • Nevada
  • New Mexico
  • Texas
  • Washington
  • Wisconsin

Also, the household income needs to qualify the median income limit for filing bankruptcy, and you are required to include his income on it.

Why don't you try out the free financial consultation offered by this site to see if you can survive this mess without filing ch-13???

Sub: #3 posted on Wed, 04/09/2008 - 22:58

tweetyturner tweetyturner

(Posts: 278 | Credits: )

Thank you all for your help.. I did look into debt settlement program.. but the creditors can still sue me if they want.. before they get there settlement.. what is a financial consultation? How would they help? I don't have the money to pay.. so i need help.. has anyone worked with a debt settlement company?

Sub: #4 posted on Thu, 04/10/2008 - 06:06

grlnew grlnew

(Posts: 11 | Credits: )

If you are in a position to settle any of your debts, you can definitely do it on your own. I did manage to settle two of my debts on my own with no problems. I wish I had tried this before approaching a debt settlement company. I had worked with 2 and got ripped off, then sued by a couple of creditors. This could have been prevented if I hadn't wasted my time and money with the settlement companies.

Sub: #5 posted on Tue, 04/29/2008 - 11:22

Tiffany99 Tiffany99

(Posts: 1058 | Credits: )

I'm concerned when I file bankruptcy that they can then turn to my husband and collect or garnish his wages, can they do that if all the accounts were opened when I was married to someone else and my current husband was only an authorized user not a signer.

Sub: #6 posted on Sat, 01/24/2009 - 10:49


my husband filed bankruptcy but I did not. Our home is in both our names but was exempt from bankruptcy. One spouse filing will not affect the non-filing spouse and creditors cannot go after that person to collect a debt that they are not responsible for(not on the credit as having financial responsibility). However, once the bankruptcy is discharged I would suggest checking the non-filing spouse credit report. Sometimes the creditors will list the bad debt on the spouse, but this is easily cleared up.

Sub: #7 posted on Sun, 02/01/2009 - 08:16


I live in one of the community property states. Here is my delimma. This is my 2nd marriage. Home in my name only. Had 80K in equity that husband convinced me to get home equity line on. His business has been cut in half, and we have gone through the money. His credit is terrible and has gotten much worse. Now 120K in credit card debt. I am considering divorce, considering he has taken everything I had and his only option is to move on to my good credit. Through research, it looks like whether he files bankruptcy or not, I will still be responsible for half of his debts. I am totally screwed.

Sub: #8 posted on Mon, 02/02/2009 - 15:59


Have a good day! im from Florida ,my husband is filing bankruptcy we dont have joint debt the house is in hes own name, am i liable? if i have money in my savings my own account can they collect my money? im worried pls. help.

Sub: #9 posted on Mon, 02/09/2009 - 06:21


all credit cards, mortgage are in my name from before we married can i file bankrutcy without affecting my husband

Sub: #10 posted on Wed, 02/18/2009 - 11:25


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