Ask a Bankruptcy Lawyer June 2006

If you have a general question about filing bankruptcy, you can submit your questions here. Please note that all questions received are answered by a real bankruptcy attorney, however, the answers given are only meant to be general in nature and are not meant to replace legal advice.

If you are outside of California and need an attorney, click here to find an attorney. Again, none of the information found on this site is meant to replace the advice you can obtain through a qualified legal professional, in your own state (as certain things differ by state in bankruptcy), who has taken the time to look at the specifics of your case before answering.

Husband Claiming Bankruptcy, Wife Has Good Credit

Q: "My husband wants to file bankruptcy. He feels there is no other choice for his financial situation (that was bad long before we married a year ago). He says that he can file on his own (I have never been even a day late with any of my payments and we have no “joint” credit) but I have concerns it could affect my credit situation or that his creditors could come after me for what he owes. Are there any precautions I can to take? Is it possible for him to claim bankruptcy without affecting me even though we are married?"

Signed: A wife with good credit - NJ


A: Your husband can file bankruptcy without you, and the bankruptcy should not show up on your credit record. However, if you live in a community property State and these debts were incurred during the marriage, then you are legally liable on the debts and your credit will be affected regardless of whether a bankruptcy case is filed (assuming the debts are not paid). Joint credit will of course be affected because he would have a bankruptcy on his record.



Need Tips To Find A Credit Counseling Agency

Q: "My dad told me that the new bankruptcy law states that I have to undergo credit counseling before I can file chapter 7 or 13. But I’ve also heard not every agency is reputable. How do I know what to look for in a credit counseling agency to make sure I don’t get taken for a ride?"

Signed: In need of tips - Florida


A: I don't know how to answer that without giving you specific agency recommendations, which is not appropriate here. My best suggestion is to hire a bankruptcy attorney and he/she should have accounts set up with those agencies that he/she has determined are reputable (hopefully). A list of approved credit counseling agencies may be found at http://www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm, but as you note, they are not all equal.

Ask a Lawyer Archives:

+   Is your median income the only factor in deciding if chapter seven is allowed?
+   Can the IRS come after back taxes of a discharged debt years later?
+   Do I list original debtors, collection agencies or both on my bankruptcy filing?
+   Is bankruptcy an alternative to home buying investments gone bad?
+   How is income determined when deciding if you are eligible for bankruptcy?
+   Can filing bankruptcy wipe away student loan debts?
+   Two houses and backed up credit card payments; Is bankruptcy best?
+   What counts as legitimate living expenses when filing bankruptcy?
+   Questions about using a bankruptcy lawyer vs. filing Pro Se
+   Is a back child support payment considered income when filing bankruptcy?
+   Will claiming bankruptcy affect the co-signer on my car?
+   Does one spouse filing bankruptcy affect the couple's joint tax return?
+   I can't pay an accident judgement, can bankruptcy get rid of it?
+   How are joint marital assets affected by a wife's bankruptcy filing?
+   Do I have to claim my 401K withdrawl as income?
+   Can I sign over a car to my daughter prior to filing?
+   Chapter 13 in danger of being dropped but would like to save the house
+   Debt collector calls may force us into bankruptcy
+   Husband claiming bankruptcy, but the wife has good credit
+   Need tips to find a credit counseling agency