Filing Bankruptcy alon

[bricrys]

What is the name of your state (only U.S. law)? California
I wanted to know if you can file bankruptcy on just yourself when married? I have got into a mess with credit cards and now have received a summons, but when I got into the mess (it was a couple of years ago) my husband did not know about it and was not responsible for any of it. He does not want to file bankruptcy because his credit is good, but I feel it may be the only way out of this mess for me. So can I file bankruptcy alone? Please help!

[nrknlknek]

You certainly can file BK by yourself. However, if your husband's name is on any of your accounts or your name on his, they must be listed in the petition. In other words, the only accounts that need not be listed are those held by your husband exclusively. The automatic stay and discharge (if granted) will apply only to your accounts. If your husband is listed on any accounts together with you, the stay and discharge will apply to you, but not to him meaning he remains liable for the debt.

[Ladynred]

Wait a minute.. the OP is in a community property state. It doesn't really matter if his name was on the accounts at all if you incurred these debts while you were married - they become his debts too..that's the reality of community property.

You can still file alone. The BK law provides protection for the non-filing spouse in a CP state the same as if he filed with you but that protection only lasts as long as you are married.

If the BK shows up on his credit reports, and it might, he can dispute it since it would not be accurate, he didn't file bk.