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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 10-05-2005, 01:01 PM
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Join Date: Sep 2005
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bankruptcy


What is the name of your state? texas

my husband if filing for bankruptcy, we have no joint accounts his credit is under his name alone and my credit cards are under my name alone. I have been told I have to file with him or that his creditor will come after me for payment of his credit cards even my name is not on them. Is this true If I do not file for bankruptcy that I will be responsible for his credit cards and that his creditors can come after me even if my name is not on the accounts?
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Old 10-05-2005, 06:40 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Quote:
my husband if filing for bankruptcy, we have no joint accounts his credit is under his name alone and my credit cards are under my name alone.
It doesn't matter. TX is a community property state. If the debts were incurred during the marriage, you are each equally liable for those debts.


Quote:
I have been told I have to file with him or that his creditor will come after me for payment of his credit cards even my name is not on them
Who told you that ??
The CURRENT bankruptcy law protects the nondebtor spouse in a community property state with the same protections as the spouse who files for BK. The creditors can NOT come after you for those debts as long as the 'community' exists - so stay married.

Quote:
s this true If I do not file for bankruptcy that I will be responsible for his credit cards and that his creditors can come after me even if my name is not on the accounts?
No. But you ARE in a community property state - see first answer.

Community property doesn't mean you only share ASSETS - you share DEBTS too !
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