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Ex spouse filed for bankruptcy and now the lending institution refuses to send a bill out. Is this legal?
Wiki User
∙ 13y ago
Assuming this debt is still a joint debt, the lender should send the non-filing debtor the monthly statements. The automatic stay does not apply to the non-filing debtor. You may need to get a lawyer to get them to stop being stupid.
Their billing program may not be set up to separate the notices, but that should not be the debtor's problem.
Wiki User
∙ 13y ago
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Bankruptcy if married can one spouse file bankruptcy independently from the other Is the one spouse then held responsible for the first spouse's debts if bankruptcy Is filed?
One spouse can file bankruptcy separately and both are held responsible.
Are assets of non-filing spouse considered in bankruptcy?
No. When one spouse files for bankruptcy and the other spouse does not, they are only filing for their own personal debts and not those of the spouse. In general, the filing of bankruptcy by one spouse will not affect the other spouse's financial situation. A debt is created by contract between a debtor and a creditor - each debtor must sign the contract to be liable for payment. Therefore, the bankruptcy of one spouse does not cause the other to become bankrupt. Debts where spouses are joint and severally liable for payment will remain with the spouse who has not filed for bankruptcy.
If you're filing bankruptcy based on debts incurred before your marriage to your current spouse do you have to make your current spouse party to your bankruptcy?
No, debts that are incurred before a marriage do not become the responsibility of the new spouse.
Can only one spouse file bankruptcy when the other one owns the cars and house?
In general, the filing of bankruptcy by one spouse will not affect the other spouse's financial situation. A debt is created by contract between a debtor and a creditor - each debtor must sign the contract to be liable for payment. Therefore, the bankruptcy of one spouse does not cause the other to become bankrupt. Debts where spouses are joint and severally liable for payment will remain with the spouse who has not filed for bankruptcy. Under Chapter 7 bankruptcy, where one spouse's debts are wiped clean, the creditor can go after the other spouse. However, a major advantage of Chapter 13 bankruptcy, where the debtor plans to re-pay her debts, is that the creditor will leave the co-debtor alone, as long as bankruptcy plan payments are timely deposited.
What if your spouse refuses to get treament for mentall illness?
If your spouse refuses to get Mental health treatment you need to leave and seek a counselor yourself to deal with your emotional issue incurred from the abuse. as hard as it is and as much as we think it will kill us...it won't...but our spouse might...
In the UK how long is the wait before a divorce can take place if the spouse refuses to sign the divorce petition?
how long is the wait before a divorce take place if the spouse refuses to sign the divorce petition
Can a man file bankruptcy without his wife's involvement and if he does how will she be affected?
A husband (or wife) may file for bankruptcy separate from his or her spouse. Technically speaking, this should have no effect on the other spouse as they are filing bankruptcy for their separate debts and you will not be held responsible for their debts nor will it be reflected on your credit report, etc. It is important to note that those debts you held jointly will remain with you (the spouse that did not file for bankruptcy).
What if your Spouse refuses to sign divorce papers in state of Oklahoma?
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If my wife filed for personal bankruptcy are you responsible for her debt?
No you are not. When one spouse and not the other files for bankruptcy they are only doing so with regard to their personal debt. A debt is created by contract between a debtor and a creditor - each debtor must sign the contract to be liable for payment. Therefore, the bankruptcy of one spouse does not cause the other to become bankrupt. Debts where spouses are joint and severally liable for payment will remain with the spouse who has not filed for bankruptcy. Under Chapter 7 bankruptcy, where one spouse's debts are wiped clean, the creditor can go after the other spouse. However, a major advantage of Chapter 13 bankruptcy, where the debtor plans to re-pay her debts, is that the creditor will leave the co-debtor alone, as long as bankruptcy plan payments are timely deposited.
Can a woman file for bankruptcy after she is married and not include her spouse who went bankrupt 4 years ago?
Either spouse may file a separate bankruptcy. However, if they are joint debts the non-filing spouse will be responsible for repayment. If the spouse is the sole debtor the non-filing spouse might still be responsible if they reside in a community property state.
Can a person file Chapter 7 bankruptcy if their spouse already has?
Yes, you can.
If you are about to get married and you are filing Chapter 7 bankruptcy will this bankruptcy affect your spouse in any way after the marriage?
It will only affect the non-filing spouse if the couple apply for some type of joint credit, such as a home mortgage. It will not affect the new spouse's credit report/score.
