Legal Question in Bankruptcy in North Carolina

I am separated from my husband. I have a lot of debt in my name and I had a lot before I married him. We both had separate accounts and I need to file bankruptcy. If I file bankruptcy, will filing damage my husband's credit and get him pulled into bankruptcy proceedings?


Asked on 8/19/09, 7:45 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

My experience is that a spouses bankruptcy will not affect the other spouse's credit. Only the debtor supplies his/her ssn and that is what is picked up to identify the filer. I assume that you mean forced to file by using "pulled in". The answer is no. Also it is necessary to show the history of who contributes what to the joint household in completing the means test. There are other factors that may require extensive planning which means that you should become informed well in advance,at least 6 months and in the case of transfers, without value, at least 3 years. Thus, a professional must look at the entire situation and advise of the consequences of any action you might take. A prime example is where a husband places his spouses name on his bank or deposit account and then, shortly before the spouses bankruptcy, removes the name. The Trustee in a Chapter 7bankruptcy will likely attempt to administer (take and distribute to creditors) that interest. In a Chapter 13, that amount will add to the minimum distribution to unsecured creditors.

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Answered on 8/20/09, 9:36 am


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