Bankruptcy

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GroovEye

Age: 34
Total Posts: 197
Points: 10

Location:
NY, United States
I have read the laws and talked to a couple of BK attorneys, but I am still confused about the community property laws. My husband is planning to file for chapter 7, he has a little under 50k credit card debt. We have one joint card and the rest of the cards are only under his name. He has been paying min payment for about a year and has not used any of these cards ever since.

He is laid off, we have no cars, no assets, and no cash. I am a grad student, make about $2000 per month, and have lived in student housing in the past 4 years. If my husband files, how does that impact my credit? Will the creditors come after me if he gets discharged -- because Washington is community property? I mean for all his cards and not only the one that is joint.

One of the lawyers I talked to said because WA is community property, if my husband gets discharged, our joint debt will get wiped as well and I do not need to file for bankruptcy. Is that correct?

And if creditors come after me, what should I expect given that I barely make enough to pay for my rent and living expenses.

I would appreciate if someone could help me ... the devil is in the details.

Posted 20 Feb 2021

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