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bankruptcy in washington (community property)

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    bankruptcy in washington (community property)

    I have read the laws and talked to a couple of BK attornies, but I am still confused about the community property laws. My husband is planning to file for chapter 7, he has a little under 50k credit card debt. We have one joint card and the rest of the cards are only under his name. He has been paying min payment for about a year and has not used any of these cards ever since.

    He is laid off, we have no cars, no assets, and no cash. I am a grad student, make about $2000 per month, and have lived in student housing in the past 4 years.
    If my husband files, how does that impact my credit? Will the creditors come after me if he gets discharged -- because Washington is community property? I mean for all his cards and not only the one that is joint.

    One of the lawyers I talked to said because WA is community property, if my husband gets discharged, our joint debt will get wiped as well and I do not need to file for bankruptcy. Is that correct?

    And if creditors come after me, what should I expect given that I barely make enough to pay for my rent and living expenses.

    I would appreciate if someone could help me ... the devil is in the details.

    #2
    For community property States and for those attempting to use the theoretical "community discharge", you should really speak with several attorneys in your State. We just recently had a BKForum member that is realizing more of what a community discharges does and does not do. Some of those interesting things include that the debt is always hanging over the non-filing spouses head should you ever get divorced (I know, let's not talk about divorce, but it's a fact of this issue). There may also be other issues for which I have no direct or indirect experience.

    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.

    Comment


      #3
      Thank you, justbroke! Can you send me a pointer to the other member's discussion -- if it is posted somewhere?

      Comment


        #4
        The link is below. Please realize that this particular case was a Chapter 13 and in California and the debt mix may have been different since it included a HELOC (although it was paid in the Chapter 13).

        http://www.bkforum.com/forum/before-...-husband-liens
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.

        Comment

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