Trona, CA Bankruptcy Law Firms & Lawyers

If you and your husband have joint accounts together, your bankruptcy is bound to show up on his credit report and will get his attention. If you and your husband don't have joint accounts together, it won't affect his credit report. However, in a community property state such as Nevada, any property acquired during the marriage is presumed to be community property & the fact that he acquired additional assets after you separated with his earnings is meanless unless the court order of legal separation specifically addresses your property issues.

Anonymous, You have good reason to be worried. If he does not repay the debt, it is very likely that they will pursue you for the debt. Contrary to what Mr. Markus indicated, it has been my experience that even an "authorized user" can be held liable for credit card debts. You do not necessarily have to have signed a credit agreement - many are written in such a way that the first use of the card binds you to the credit agreement. First step is to check your credit report and determine what, if any of these cards are reported on your credit report. Next, if there are any reported, contact them immediately and ask for them to provide proof of the basis of your liability for the debt (i.e., to show you the credit agreement you signed or were bound to by way of an implied assent to its terms). Do this right now - before he defaults or goes into bankruptcy. If any of them claim you are liable for the debts, dispute it and try to get yourself off each account before he stops paying or goes into bankruptcy. You don't want to have to tank your own credit over a situation like this. You may wish to contact a local attorney to help you through the process of disputing the debts if necessary. If nothing else, make sure that your name has been removed from each and every account as a signor immediately. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiadavid.gibbs@gibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Depending on the merits of your case you can file an adversary against the bankruptcy filing party to have your debt considered non-dischargeable. There are certain parameters that are involved on whether you win or just be wasting your time. Most often the reasons for filing an adversary are fraud or misrepresentation. However, just having a judgment does not warrant an adversary for non-dischargeability. You should seek bankruptcy counsel to review your claim.