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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 05-04-2002, 01:04 PM
clowman40
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Angry

spouse filing bankruptcy for two people


Can my spouse file for bankruptcy, although we are seperated, and it destroy my credit even though I never signed any papers for bankruptcy and had no idea anything was going on until my car company came to take my car? i live in NC.
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Old 05-04-2002, 01:29 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Yes, she can file separately, and without any involvement from you at all. Any joint accounts are going to affect you and there isn't a thing you can do about it. If she gets the joint accounts discharged, the creditor will then come after you for what is owed to them. Sucks, but that's the way it works.

If the car company came to take your car, then I'm assuming SHE was supposed to be making the payments and didn't so they want the vehicle back. She could reaffirm the car loan, and the car could be kept, but the payments would have to be current in order for that to work. Same for the house, if you have one that's a joint mortgage.

Sorry.. wish there was better news for you
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