Legal Question in Bankruptcy in Ohio

We had to file a chapter 13 bankrupcy, however due to medical and his employer at the time only taking out a weekly amount instead of two weeks, which is when he was paid. This account was dismissed as being in default. We are attempting to work out things with the mortgage company. I know our debts that were filed are now due. My question is we had debts in just my name, some in just my husbands name, and one account together. My husband has not been working due to medical reasons and not been able to find a job currently. He is not able to draw unemployment. I know I have to take care of the debts in my name and the joint account. But can they garnish my wages for debts that are in his name only?

Asked on 2/04/10, 8:57 pm

1 Answer from Attorneys

David Michael Benson Benson Law Firm
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0 attorneys agreed

Generally speaking, a creditor can collect only from persons whose names are associated with the debt.

As you've experienced, filing a Chapter 13 case without an attorney is very difficult. Just the other day, a judge in our district strongly encouraged a pro se applicant to find a lawyer due to the complexities and pitfalls that these cases present. If you are relatively cash poor but can afford to pay into a Plan, there are attorneys who will charge a smaller downpayment up front and put the majority of their fee into the Plan.

Good luck!

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2/10/10, 7:47 am

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