Can I file bankruptcy for shared debts during a divorce? - Bankruptcy Law Questions and Answers- LawQA.com

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Can I file bankruptcy for shared debts during a divorce?

My husband and I are getting ready to file for divorce. We have 40,000 in credit card debt. Some in his name with me as an authorized user. Some in my name. He lost his job a year ago and is on unemployment. We now have $11,000 in hospital bills from him but the insurance is in my name. If we divorce can I file bankruptcy on all to get all debt wiped out, or does he have to file also?

Answer By Ron Salas
The Salas Firm
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In a divorce situation I usually recommend that you file bankruptcy prior to divorce if at all possible, but if that is not feasible, then yes you may file post-divorce decree without your spouse.

Answer Applies to: Colorado
Replied: 9/29/2011

Theodore N. Stapleton, PC
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You can file and discharge your liability and he can file to discharge his liability.

Answer Applies to: Georgia
Replied: 9/26/2011

Answer By David VanDyke
Bird & VanDyke, Inc.
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Without more detailed information about your debts I would advise that you file together.

Answer Applies to: California
Replied: 9/23/2011

Answer By Melissa Hoffman
AyerHoffman, LLP
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To wipe out all of the debt in its entirety, you both will need to file for bankruptcy. You can file jointly or if you two are already living apart, you can file as "married, separate households", which essentially is the same as filing individually. Nonetheless, seriously consider holding off on the divorce until you have completed the Bankruptcy proceeding. It will make the division of assets and liabilities much simpler.

Answer Applies to: Massachusetts
Replied: 9/22/2011

Answer By Robert S. Cohen
Cohen & Kendziorra, P.A.
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No you can file separately from him and discharge all your debt including jointly held debt with your husband.

Answer Applies to: Florida
Replied: 9/22/2011

Answer By Katie M. Stone
The Law Offices of Katie M. Stone
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The best thing for you both to do is to file a bankruptcy together before you get divorced. If only you file, it will discharge your legal obligations on the debts, but it will not discharge his. The medical bills can be included in the bankruptcy. You will be able to save money on attorney fees by filing together before you get divorced. I highly suggest you consult with an attorney in your area. Most bankruptcy attorney's offer a free initial consultation. I hope you found this answer useful.

Answer Applies to: Florida
Replied: 9/22/2011

Bankruptcy Law office of Bill Rubendall
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If a couple is divorcing they can file a joint petition or file individually. All debts are listed in a petition, including debts that the spouse owes since there is a possibility for the filing spouse to have liability for a community property debt. Discharging debts in one petition does not discharge the debts of the non-filing spouse.

Answer Applies to: California
Replied: 9/22/2011

Judith A. Runyon, Esq. Attorney at Law
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If you file alone, any debt in his name will allow the creditors to go after him.

Answer Applies to: California
Replied: 9/22/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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That depends on the judgement or marital settlement agreement. If you agreed (or were ordered) to indemnify him on those those debts, that is not dischargeable. The best thing is for the two of you file together before the divorce is final. That saves everyone the headache later.

Answer Applies to: California
Replied: 9/22/2011

Law Office of Lynnmarie A. Johnson
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Generally yes you can file and would have to file alone since you are no longer married. You can get the debts discharged, but he would have to file for himself to get them discharged as to him. Good luck!

Answer Applies to: Michigan
Replied: 9/22/2011

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