Can I file bankruptcy during a legal separation without damaging my husbands credit?

Aug 8, 2012 by

Question: 

Can I file bankruptcy during a legal separation without damaging my husbands credit? We have separated all the bills and I will not be able to afford my portion. If I file for bankruptcy will it affect him at all?

State: 
California

Answer: 

Hmmm. It sounds like you are going to need to consult a bankruptcy attorney. The handling of debt settlements changed with the 2005 Bankruptcy Code. Prior to the change you could file Chapter 7 and get out of your debt obligations. The 2005 amendments to the Bankruptcy Code make this impossible under Chapter 7, but it still may be possible to consolidate under a Chapter 13 bankruptcy. If you can file bankruptcy as an individual it shouldn’t affect your ex-husband. 

-The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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