melisadawn Posted July 13, 2007 Report Share Posted July 13, 2007 I have a neighbor who is filing BK. He and his wife are on title so I think both are on loan. Not sure. His att. told him file BK alone (they are trying to save house) and then that way if in a few years they hit rock bottom she can file. Neighbor was wondering will they go after her if he only files? They are quite a few months behind. He is not sure how it works and neither do I. Link to comment Share on other sites More sharing options...
momof5 Posted July 14, 2007 Report Share Posted July 14, 2007 In Texas, I filed BK w/o my spouse. According to my BK atty, they could not touch him as long as we remained married because to collect from him was to collect from me. I never had one creditor try to get anything from him after I filed the BK.We divorced in 2003. (BK was 98) No one has gone after him to-date.The ONLY thing that was not in his favor.....there was a judgment against us. I filed a motion to vacate for each of us based on the BK. It was vacated for ME and denied for HIM because he was not on the BK.I think it is sad that an atty says....file alone because spouse can file when you trash your finances again! Sad.BTW, I filed alone because I was angry with him. The trashing of our finances were HIS direct actions (or inactions) and I filed BK for ME to protect me. I didn't give a sh*t about protecting him. Link to comment Share on other sites More sharing options...
isislc Posted July 14, 2007 Report Share Posted July 14, 2007 Well it kind of worked a little differently for me here in Wisconsin. I filed for Bankruptcy when my husband and I were separated. As soon as wind got out that I filed Bankruptcy, my ex started receiving letters of garnishment for debts we were both responsible for. Haa haa my revenge! But seriously, you should check with your BK attorney and state laws if you can. Link to comment Share on other sites More sharing options...
melisadawn Posted July 14, 2007 Author Report Share Posted July 14, 2007 He was gone a awhile and she did not keep up bills. He has tried to pay everything up but making minimum wages and owing so much he can't do it. Yes sad att. did do that. When the att. told him to get credit report he thought only 1. I told him to take all three for diff. debts. This att. does not seem thorough with his clients. Link to comment Share on other sites More sharing options...
LadynRed Posted July 14, 2007 Report Share Posted July 14, 2007 Neighbor was wondering will they go after her if he only files? They are quite a few months behind.If he doesn't reaffirm the mortgage and she's on the mortgage, then YES, they will go after her for payment because they ARE behind. Link to comment Share on other sites More sharing options...
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