Does filing for Chapter 7 Bankruptcy affect my spouse?

Filing for Chapter 7 Bankruptcy in California can have an effect on your spouse. If both spouses have a joint debt, such as a loan or line of credit, the creditor may be able to collect payment from either spouse. Even if the debt is only in one name, the creditor may still be able to collect payment from the other spouse. When filing for Chapter 7 Bankruptcy, the court requires the names of both spouses to be listed on the paperwork. The court may look at both spouses’ income and assets to determine eligibility for Chapter 7 Bankruptcy. Additionally, if both spouses are filing for Chapter 7 Bankruptcy together, the court will consider the debts of both spouses when deciding how to dispose of the assets and what debts can be discharged in the bankruptcy. Filing for Chapter 7 Bankruptcy can have an effect on your spouse’s credit as well. When a joint debt is discharged, the creditor may report the action to the credit bureaus, which could lead to a decrease in both spouses’ credit scores. In short, filing for Chapter 7 Bankruptcy will affect your spouse in many ways, from the initial filing paperwork to the outcome of the bankruptcy. It is important to consult with a bankruptcy attorney to understand the full ramifications of the filing on you and your spouse.

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