My wife is planning to file for bk ch 7 , will that affect me?

Asked over 3 years ago - Detroit, MI

I live in Michigan!

Attorney answers (4)

  1. Francis N. Soave

    Contributor Level 10

    Answered . Affecting you is a very broad term. Her bankruptcy will not appear on your credit report, except possibly in a notation that a co-debtor has filed, if you have joint debt.

    If you have joint assets the value of which exceed the exemptions in her case, the trustee could sell the asset, give you your half of the value, and use the rest to pay her debts. This is likely to be spotted by her attorney before the case is filed, so that alternatives can be explored.

    If you have joint debts, you will remain liable for them.

  2. John-Paul LaPre

    Contributor Level 9

    Answered . The answer depends on whether or not you and she have any debt that is jointly owed. If the answer is yes, then the only repercussion would be that you are left as the sole debtor, assuming a discharge issues. This could be problematic if you are behind on any of these debts. Otherwise, it should have no effect on you, or your credit rating, because she will file under her SSN.

  3. Suzanne A Szymoniak

    Contributor Level 7

    Answered . That depends. If you and your wife have joint debts, then yes you will be affected because her liability on those debts will be discharged leaving you responsible. If by affected, you are wondering if her bankruptcy filing will affect your credit or show up on your credit reports, it should not unless you decide to file jointly with her.

  4. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . Many times, one party to a marriage will refuse join in on a bankruptcy because they are concerned about the repercussions to their credit. In other situations, the assumption is made that if the debts are only in the name of one of the spouses, it has nothing to do with the other. That may not necessarily be the case, but these issues vary widely from state to state.

    If you have any joint debt with your wife, even if that debt is paid on time every month, her bankruptcy will show up on your credit report. If you have no joint debt, her bankruptcy could show up on your credit report anyway. You will want to keep a close eye on your credit report after the bankruptcy and dispute any mistakes that you find.

    Hope this perspective helps & good luck!

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