BK without spouse

[MELLISSAMM]

I filed BK alone without my spouse in CA. Can he still use his personal credit cards?

[Nufsayd]

You filing has no effect on his use of his credit cards. But having said that, even though he is not filing, the attorney will still want paystubs, expenses and W2's from him, which would be used to see if you qualify for a Chapter 7. Have you decided Chapter 7 or 13?

[MELLISSAMM]

Our BK was filed two weeks ago & it was a 7.

[Nufsayd]

Oh ok...I guess I was reading too fast, sorry :-(.

But yes he still should be able to use his CC's. Are they in his name only?

[MELLISSAMM]

Yes, they are only in his name. They were not included in the BK because he refused to file with me.

[Nufsayd]

Ok...well he should be good to go! You filing has no impact on his credit or credit cards :-)

[SunshineGal]

Isn't California a Community Property state? If so, I would ask my attorney just to be on the safe side.

[IamOld]

Isn't California a Community Property state? If so, I would ask my attorney just to be on the safe side.

It sure is SunshineGal - but comm prop states can be different, and also when the debt was aquired, how long they've been married, etc., may also count.