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Permanent Resident Alien Bankruptcy & Spouse's Responsibility

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    Permanent Resident Alien Bankruptcy & Spouse's Responsibility

    My husband who is a permanent resident alien (green card) is considering bankruptcy because he was laid off in May and has not been able to find employment yet. He has been in the US for 8 years and up until now has been able to pay his bills.

    My question is if he does, can his creditors come after me for payment?

    We currently do not have any joint assets or accounts.

    Last year I was also laid off, filed for Chapter 7 and it was discharged in March 09. Fortunately I am working now but am concerned if I would be held responsible for his bills since I was the sponsor for his fiance visa into the US.

    Your feedback is appreciated.

    #2
    No, Georgia is not a community property state, so spouses aren't responsible for each others' debts. I believe there is a narrow exception to this general rule such as where the debts were incurred by one spouse for necessities of life. But generally, no.
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

    Comment


      #3
      also, any debt incurred before your bk would be discharged for you, so the only question is whether your husband's debt that he incurred post your bk would be on you. but msbklawyer answered that question.
      filed ch7 May 09
      341 june 09
      discharged, closed Aug 09

      Comment


        #4
        Unrelated to one another. As long as you did not cosign any debt, you are not responsible. Rest assured, your husband cannot be deported either because of filing for bk.
        My comments are solely based on my opinion. The information and links that I have
        posted are provided solely for informational purposes, and do not constitute legal advice

        Comment


          #5
          Immigration and BK are totally different laws and they do not inter fear with each other. I am also a Green card holder and filed for BK (My wife did not, she also has Green card). According to my research, the immigration will not have any implications due to BK. We are planning on applying for USC coming Feb 2010. Hopefully my BK is complete by that time.

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            #6
            Just wanted to say good luck to good2free for next year.
            3/2/09- Filed: chapter 7 / No asset
            4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
            4/2/09- Trustee Report of No Distribution Filed
            6/24/09- Discharged and case closed

            Comment

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