Bankruptcy Forum

Spouse has hardly any debt?

leftyf
10-28-2007, 03:19 PM
As I've mentioned, I have over $100K of unsecured debt that I thought was joint debt. I just looked at my spouse's credit reports and I noticed that she only has about $17K of debt...I'm really beginning to wonder if I should file alone? Can anyone re-hash the pitfalls of doing this for me, besides the obvious one that we will have to repay the $17K.
Thanks,
Leftyf

HHM
10-28-2007, 03:50 PM
Keep in mind, credit reports are not definitive assessments of the legal implications of your debt situation.

leftyf
10-28-2007, 07:16 PM
How do I know for sure if my spouse is on the hook for the debt or not?

leftyf
10-29-2007, 06:04 PM
Talked with the attorney and he said if we have any joint debts, they can come after my spouse even if they've been discharged out of my name. I took this to mean if we have even 1 joint debt, they can go after my spouse for all 10 debts in my name? Sounds strange, doesn't it? Maybe I misunderstood.

lrprn
10-29-2007, 08:14 PM
Talked with the attorney and he said if we have any joint debts, they can come after my spouse even if they've been discharged out of my name. I took this to mean if we have even 1 joint debt, they can go after my spouse for all 10 debts in my name? Sounds strange, doesn't it? Maybe I misunderstood. Looking at the debts that you are both responsible for (co-signers), if you file bk, those creditors can and will come after your wife for the money.

However, she cannot be held responsible for any debt that is yours alone unless you are in a community property state and the debt was created while you were married.