Legal Question in Bankruptcy in California

Do I need to file Bankrupty too?

My husband and i are seperated but not legally. Nov. Of 2000 he filed bankrupty alone,will i be responible for our depts if i also dont file? I havn't worked outside the home (we have 4 young children, i've been home raising them)in 12 years and i have no money to file!He also had my car(van) impounded and there is no public transportation system in my community so finding a job has been very frustrating and without results. I dont have money for a lawyer either so what are my(if any) options?


Asked on 8/22/01, 12:43 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Do I need to file Bankrupty too?

yes, unless you file for a bankruptcy you will be responsible for joint debts. the other option is to try to get the judge in a divorce court to order that he pay the debt as part of sousal support.

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Answered on 8/22/01, 2:23 pm
Mark Markus Law Office of Mark J. Markus

Re: Do I need to file Bankrupty too?

Well, as long as you remain married, any joint/community debts you had with him will be covered by his bankruptcy, as long as he receives a discharge. If and when you get a divorce or become legally separated, any joint/community creditors can come after your separate property assets at that time (e.g. any income you earn after divorce or legal separation is no longer community property).

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Answered on 8/22/01, 2:24 pm


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