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If only one spouse files for bankruptcy is the spouse that didn't file responsible for the debt
Jackson, WI
Viewed 1624 times.
Posted 11 months ago in Bankruptcy / Debt
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Bankruptsy where only one spouse filed.:
My husband just filed bankruptsy on his own...most of his debt was prior to our marriage. We did have one loan together and we were told it would be a phantom discharge and now the company is coming after me for the money. I am unemployed. Can they do this...should I agree to making the payments or wait til they take me to court to get the money. Seems a little fishy to me!!
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Answers (2)berlyhog
Posted 11 months ago.
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I say they are just trying to work around the system by hoping I don't have a clue what my rights are and that I should hold out for them to take me to court...can't get money from someone who doesn't have a job...right???
Kevin W. Chern
This attorney is licensed in Illinois.
Posted 11 months ago.
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Generally, when two parties are obligated on a debt and one of them receives a bankruptcy discharge, the other party remains liable for the debt. However, there is a phenomenon that occurs in community property states whereby the debt, although theoretically still valid as against the other spouse, is uncollectable as a practical matter so long as both spouses are alive and remain married. This occurs because any assets from which the other spouse might be able to make payment of the debt are community property, and so protected due to the discharge of the spouse who filed for bankruptcy.
</br>Note, however, that I am not licensed to practice law in Wisconsin and am not familiar with Wisconsin law. Although Wisconsin is generally referred to as a community property state, each state's laws may differ somewhat. The best course of action for you would be to contact your husband's bankruptcy attorney and ask him or her whether or not the creditor can proceed against you. If the answer is no, there may be recourse available to you beyond simply making them stop harassing you.
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