ONE SPOUSE ONLY FILING


Do both spouses have to file for bankruptcy?  Maybe not.

The bankruptcy operates as an injunction against the creditors taking action against all the community property ‑ even the non filing spouse's interest in the community property.

I realize this sounds confusing.  Lets take an example. Your husband has run up $100,000 on credit cards in his name only.  You only have a small amount of credit card debt in your name.  There are no joint cards.

The two of you fall on hard times and your husband can not pay the $100,000 in credit card debt.

Your husband can file bankruptcy.  The credit card debt will be discharged.  Your name wasn't on the credit cards so you were never responsible in the first place.

What about your 1/2 interest in the community property?  Can your husband's former creditors go after your 1/2 interest in the community property?

The answer is "no".  All the community property is safe. Plus your credit is probably still ok since only your husband declared bankrutpcy.

Of course, when we file we have to make sure all the community property is exempt.  And we have to make sure that your name isn't also on any of those credit cards.

But under the right circumstances, and if carefully planned, only one spouse filing for bankruptcy can be a great plan.

Please read this disclaimer


San Diego SEO & Web Design Company by WaterDancer.com