Skip to main content
Angela M Low

Angela Low’s Answers

3 total

  • I live in Washington state which is a community property state. Can I file bankruptcy on my own without it affecting my husband

    I don't want it to affect my husband's credit rating. I want to know if I can stay married or whether I have to get a legal separation or divorce to have this happen

    Angela’s Answer

    Yes, you can file bankruptcy without your husband. However, any debts incurred during your marriage will remain the liability of your husband. You will still need to disclose all community property and your husband's income. If you have any joint debts, the creditors may close those accounts upon your bankruptcy filing.

    See question 
  • I am considering bankruptcy and wondering how this affects my credit score. How long does it take to recover from bankruptcy.

    If my partner and I (not married) wanted to buy a home together, how would it affect this.

    Angela’s Answer

    While there is no way to tell you what your credit score will drop to upon filing for bankruptcy, if you do not have any 30/60/90 etc. day late marks on your credit report, you credit score likely won't take much of a hit as far as the score goes. If your credit score is already low, discharging the debts in bankruptcy can actually help your credit score recover faster. The bankruptcy does stay on your credit report for up to 10 years, but you can start to reestablish your credit score as soon as you get the bankruptcy discharge. Typically, you can get a mortgage loan 2-3 years after the bankruptcy.

    See question 
  • Why wasn't I able to pay on my son's student loan through my CH13 re-payment plan? Can this debt be forgiven?

    We were granted a hardship discharge after making 60 payments totaling over $112k. We understand we are still responsible for some of the balances which total a little over $2000. We were aware of the fact that our son’s student loans of about $70...

    Angela’s Answer

    Student loans do not get any priority in a chapter 13 bankruptcy. In order to receive any money from the Chapter 13 office, the creditor must file a proof of claim form with the court. It is then paid on a pro-rata basis from your monthly chapter 13 payment if there are funds available after the secured and/or priority debts that are paid first

    Since student loans are not dischargeable, the creditor does have the right to collect from you after you receive the bankruptcy discharge. It might be possible to settle with the creditor for an amount less than what is owed, however, it usually needs to be a lump sum payment. Also, you should be aware that you may be taxed on any debt that is forgiven if you settle for an amount less than what you owe.

    See question