Hanford, CA Bankruptcy Law Firms & Lawyers

If you are married you MUST list in your bankruptcy all debts incurred during the marriage, whether by yourself or your spouse. Your soon-to-be-ex spouse will be protected by your discharge until you are no longer married (or are legally separated) at which time the creditors can seek to recover from her. If you would like a free initial consultation, I would be happy to assist.  

As long as the accident was not caused by you being intoxicated while driving a motor vehicle, the debt should be dischargeable in bankruptcy. Whether bankruptcy is your best option or not can only be determined after having a comprehensive consultation with a bankruptcy attorney. You should take advantage of free initial consultations offered by most attorneys.

Dear Anonymous, I assume, though your post does not specifically say this, that your wife did not file bankruptcy. As such, if the debt is in both of your names (i.e., you both signed up for the debt, or both signed the loan agreements), then yes, the creditors can absolutely go after her for the debts. She did not receive a discharge if she did not file bankruptcy. If your wife is not a co-borrower on the debts, then the creditors may still have an option to pursue her for your debts. California is a community-property state. That also means that we have community debt, and creditors could sue her for your debts if they were incurred while married under this community debt theory. It is not extremely common that they will do so, but you should be prepared that regardless of whether or not your wife actually was a co-borrower, the creditors may come after her. If you filed Chapter 13, and the debt is consumer debt, then the creditors may be prevented from suing her while you are still in the Chapter 13 bankruptcy. From the post, it doesn't sound like this is the case, or if it was a Chapter 13, you indicate that it is final meaning that this "Co-Debtor Stay" is no longer in existence. You should consult with a qualified bankruptcy attorney in your area. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiadavid.gibbs@gibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."