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If your ex spouse files bankruptcy will the creditors come after you on the accounts that were joint accounts and will you need to file bankruptcy on those debts as well?
Wiki User
∙ 10y ago
If they were joint accounts and are discharged, the creditors will come after you, unless your divorce decree makes your ex-spouse solely liable for them.
If you are on the hook for them, you may file your own bankruptcy, but you cannot just list those debts. All debts that you owe must be listed in your bankruptcy schedules, or you may find yourself in trouble.
Another Perspective
You must consult with an attorney who specializes in bankruptcy. A creditor may not be subject to a divorce decree. For example, a mortgage and note signed by both parties cannot be transferred to one party by a divorce decree where the lender is concerned. It owns the debt and if it isn't paid the lender can take possession of the property by foreclosure. Joint debts are a complicated area of law.
Wiki User
∙ 10y ago
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If your soon to be ex-spouse files for bankruptcy and there are joint accounts can you be included as a debtor and clear the joint debts?
Yes. If joint debts are an issue, it is beneficial for both parties to enter into a BK filing. If not the one who is not a party to the bankruptcy will be liable for those debts.
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.
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.
If someone filed Chapter 7 Bankruptcy and wanted to repay some of the debts listed in full would that bring their credit with those creditors into good standing on their credit report?
No-the accounts have been discharged in bankruptcy.
Can a married couple file bankruptcy separately?
In most states filing for divorce is not going to get the other spouse out of helping to pay bankruptcy debts. Many states have a communal property law that states both spouses are liable for debts, both during marriage and during a divorce.
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).
Can you leave out credit card debts when filing bankruptcy?
no, all creditors must be listed.
What is a legal proceeding for distributing to creditors the assets of those unable to pay their debts?
Bankruptcy
Can a spouce file for bk?
Yes, one spouse (rather than the couple) can file for bankruptcy when they have significant individual debts. Generally, this action by one spouse will not negatively affect the financial situation of the other spouse, nor will they be responsible for the debts of their spouse. It is important to note that those debts in which the couple is jointly and severally liable for will remain with the spouse that did not file for bankruptcy.
Petition for involuntary bankruptcy?
Is done by your creditors. They are forcing you (normally corporate) into bankrutpcy to recover the debts.
Can a spouse be reimbursed for debts that were discharged in bankruptcy as part of the dissolution of marriage terms?
Not if the debts were actually discharged in the bankruptcy. In regards to the cost of the bankruptcy if the couple were still legally married then that too is not recoverable.
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.
