Hewitt, TX Bankruptcy Law Firms & Lawyers

Once a creditor obtains a judgment, they can utilize the services of local law enforcement to take money & property from you by wage garnishment, bank account attachment, liening any real estate you own, and taking property not protected under state laws called exemptions. If you can qualify to file bankruptcy, you can eliminate this debt in bankruptcy, but if the creditor has recorded a lien on any of your real estate, a supplemental proceeding will be necessary to remove that lien. As you are finding out, the divorce court can say one thing, but if the person you married is irresponsible, you can be stuck holding the bag. IMHO, anyone thinking about getting married ought to think twice and have an investigator check out the financial background of the intended.

Generally, yes, those debts will be discharged as part of the bankruptcy. However, if the underlying judgment found that there was some type of fraud or other instances, the debt may not be discharged. Visit with your attorney to make sure.

Either spouse can file a single petition. The non-filer's credit will not be affected unless there are joint credit applications, in which case the credit reports are "married." However, to take certain exemptions the non-filer must file a spousal waiver in the bankruptcy along with schedule C (exemptions.)