If you are legally married but seperated and only one of you file for bankruptcy, can the creditors then later seek pay from the spouse who did not file? This being that the debt incurred is that sole spouses.
Asked on 10/29/09, 9:27 pm
1 Answer from Attorneys
David Michael Benson
Benson Law Firm
Generally speaking, creditors can seek payment only from those persons who are parties to the debt or have some other voluntary legal obligation on the debt. From what it appears you are asking, your spouse's personal creditors may not turn to you, merely by virtue of the marital relationship, to collect on her debts after she has discharged them in bankruptcy. However, secured creditors can move against the pledged collateral to satisfy their obligation (e.g., a house or a car).
Hope that answers your question.
Answered on 11/05/09, 10:27 am
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