Legal Question in Bankruptcy in Indiana

Does filing bankruptcy affect my husband?

I am considering filing bankruptcy. All my credit cards are in my name only and my husband is not on our mortgage. If I file will it effect his credit or income? Also my parents cosigned on our mortgage. If we don't file on our home will it effect their credit?


Asked on 3/24/05, 9:58 pm

1 Answer from Attorneys

E. Brian Davis Davis Law Office

Re: Does filing bankruptcy affect my husband?

You can file bankruptcy without your husband filing. If you want to keep your house, by reaffirming the mortgage loan, the mortgage lender should take no action against your parents as a result of the bankruptcy.

You must list all debts, including the mortgage loan, but you can agree to exclude the mortgage loan from the bankruptcy discharge. A qualified bankruptcy attorney will be able to help you.

Be advised that the bankruptcy laws are almost certain to change drastically in the next few months as a result of Congressional action. Those changes will likely make it more difficult for someone in your situation to discharge credit card indebtedness in a Chapter 7 bankruptcy.

Good luck!

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Answered on 3/24/05, 10:24 pm


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