Bankruptcy without spouse

[packers6211]

IWhat is the name of your state? Alabama

I'm filing chapter 7 but with an exemption for my truck to keep as it's the only means to get to work. However the wife and I have a loan that is joint for 10k. I'm wanting to file it because it's costing us $300 month. If she doesn't want to file to which I don't want her to, bc her credit score is good and she herself has no outstanding debt. How much would she be responsible for as in the whole 10k or half? Asking because if i'm wiping it off my slate I don't believe she should have to pay the entire 10k? Thanks

 

[LdiJ]

IWhat is the name of your state? Alabama

I'm filing chapter 7 but with an exemption for my truck to keep as it's the only means to get to work. However the wife and I have a loan that is joint for 10k. I'm wanting to file it because it's costing us $300 month. If she doesn't want to file to which I don't want her to, bc her credit score is good and she herself has no outstanding debt. How much would she be responsible for as in the whole 10k or half? Asking because if i'm wiping it off my slate I don't believe she should have to pay the entire 10k? Thanks

Sorry, but if you wipe it off your slate your wife will become 100% responsible for the debt.

 

[adjusterjack]

her credit score is good and she herself has no outstanding debt.

Your bankruptcy is likely to appear on her credit report and substantially lower her score.

https://duckduckgo.com/?q=will+a+bankruptcy+of+one+spouse+appear+on+the+other+spouse's+credit+report+if+they+have+a+joint+loan.&t=h_&ia=web

Marriage is like being in a boat. You make a hole in your end and the boat sinks with both of you in it.

 

[packers6211]

Ok so my lawyer told me to close my one bank account that i had two check loans out to? She said close it before the next payment. I did so, but my question is when they go to attempt to cash the check on hand, will they have the rights to arrest me since I'm filing bankrupt?

 

[PayrollHRGuy]

I thought I'd answered this.

Ask you lawyer about this.

https://paydayloaninfo.org/state-information/8

Collection Limits:
Collection Fees: One $30 NSF fee; Court Costs; Reasonable Attorney's Fees up to 15% of face amount of check
Criminal Action: Prohibited (Unless check returned due to closed account)

 

[adjusterjack]

Ok so my lawyer told me to close my one bank account that i had two check loans out to? She said close it before the next payment. I did so, but my question is when they go to attempt to cash the check on hand, will they have the rights to arrest me since I'm filing bankrupt?

Bankruptcy doesn't shield you from criminal acts. I suggest you recover those checks. You'll probably have to replace them with cash, but that's a better option than jail.