I have been discharged of my unsecured debts through chapter 7 and now am helping my wife file. All our credit cards debts had been individual except one of my wife's which I am listed as a co-debtor on the credit report. This debt was purchased by a law firm and listed as individual. Our house has always been in both our names. Is our home protected by TBE? Did my bankruptcy release me from responsibility of this debt so that it becomes an individual debt? (A lawyer handled my bankruptcy).
1 Answer from Attorneys
The fact that the debt was joint must have been disclosed in your case. Your home was at risk for that debt during your case. If it was disclosed as required, the trustee must have abandoned the asset and decided it did not warrant liquidation. Perhaps you took the federal exemptions? If disclosed, the debt as to you is indeed discharged and you can properly list it as her debt only in her case.
I always recommend having counsel for a bankruptcy and feel free to call or e-mail me on a free initial basis.