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BK my name only...not husbands.

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    BK my name only...not husbands.

    I live in Idaho and this is a community property state. All of our creditors have been refered to my BK attorney. We have retained him, paid his fees, but he is waiting three months to file because we just started our trial plan for home affordable mortgage. We have about $60K in credit card debt in both personal and business credit file. Our business went BK and its an LLC, however I believe that 1/2 or more of the LLC debt is personally guaranteed by us, the sole owners /partners.

    Here is where I am now...

    We pulled hubby's credit report. There were only two accounts under Chase Visa that were listed under his social. We disputed these accounts (potentially negative reporting) because he didn't sign for these accounts or have a card for them. I just got a letter back stating that the accounts were removed from his credit report.

    None of the other debt that was in his name, nor did he sign for it. None of the cards (since having the 2 chase accounts removed from credit report) are in his name except one LLC card, which is under the EIN. They might try to come after us for that....I'm not even sure if its on my credit report.

    The attorney's assistant said that the credit card companies might come after my husband after I file BK so we might as well file under both of our names to avoid paying the 2nd BK fee.

    So, I would REALLY, really like to keep his credit good just in case we need to purchase a new house or whatever in the future. So, what do you think the likelyhood of them actually trying to take him to court? I was told that the worst that would happen is I would have to pay another $1200.00 to file under his name at that point. I guess I don't mind gambeling that if there is a chance that we can keep him out of BK.

    Any advice ????

    Thanks!

    #2
    Hmm, sorry I don't know the answer but I am very curious to hear the experts weigh in. I filed separately because my husband only has one credit card which he pays off monthly. The thought of them going after him never crossed my mind (duh!) but neither did my lawyer mention the possibility which I think he would have (we also live in a community property state).

    Part of me is thinking would they even bother to try. When I filed for myself only, I still had to list all the household income and all the expenses and we qualified so obviously, if they attempted to go after my husband he would also qualify. Also, I can see them going after him if I hadn't filed and still wasn't paying them but when I get discharged (hopefully!!), technically, is there still any debt for them to go after??

    Looking forward to the answers (or at least I think I am)
    Filed 5/12/09
    341 6/11/09
    discharged 8/11/09
    Closed 8/14/09

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      #3
      Yeah, the same for me Socialbroke. I don't think that they would bother if none of it is on his credit report...but who knows. I hope someone can give me an idea. I'm sure that you are okay though.

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