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    Spouse has hardly any debt?

    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
    Filed Ch 7 - January 29th, 2008
    341 - February 29th, 2008
    Discharge - June 20th, 2008
    Closed - October, 2008

    #2
    Keep in mind, credit reports are not definitive assessments of the legal implications of your debt situation.

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      #3
      How do I know for sure if my spouse is on the hook for the debt or not?
      Filed Ch 7 - January 29th, 2008
      341 - February 29th, 2008
      Discharge - June 20th, 2008
      Closed - October, 2008

      Comment


        #4
        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.
        Filed Ch 7 - January 29th, 2008
        341 - February 29th, 2008
        Discharge - June 20th, 2008
        Closed - October, 2008

        Comment


          #5
          Originally posted by leftyf View Post
          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.
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

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