Legal Question in Bankruptcy in Indiana

Will filing bankruptcy affect husband's credit?

I am needing to file bankruptcy but I will not do this if it affects my husband's good credit. Please help. Thank you.

Asked on 12/16/03, 5:05 pm

2 Answers from Attorneys

C. David DuMond Law Offices of David DuMond
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Re: Will filing bankruptcy affect husband's credit?

If the debts were incurred during the same time you have been married to your husband, then your bankruptcy could have an adverse consequence to your husband's credit. The creditors could seek a judgment in court that the debts were for your support and maintenance. If the debts were incurred when you were not married to your husband, then there will probably be no adverse consequence. Be sure your attorney is informed about all the debts so he or she can advise you more carefully. Good luck.

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12/16/03, 6:29 pm
Dorene Philpot Philpot Law Office
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Re: Will filing bankruptcy affect husband's credit?

In Indiana, you are not required to both file, even though you are married. One of you can file alone.

The only effect on your husband's credit report will be if the two of you have a joint loan, for example on a home. Even if you keep it and keep paying on it, if his name is also on it, a notation about the bankruptcy will appear on his credit report. Now, it will also be obvious that it was someone else's bankruptcy and not his, but it's still something he would have to explain.

If you file alone, YOUR debts would be discharged, generally, except for the ones you reaffirm (decide to keep the property and keep paying the debt). Any debts he has would remain.

Hope this helps answer your question.

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12/17/03, 8:44 am

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