(Video) WILL FILING CHAPTER 7 BANKRUPTCY NEGATIVELY AFFECT MY SPOUSE?

Posted by Wesley Scott on August 7, 2018 at 9:05 AM
Wesley Scott

No, just because you are married, if one spouse files a Chapter 7 Bankruptcy, that will not negatively affect your spouse. Your spouse has not filed Chapter 7 Bankruptcy, you have. The Chapter 7 Bankruptcy will go on your credit report, not your spouses.


Now, to the extent you have joint debt together, you will want to make sure the joint debt payments are current. For example, say you both are co-debtors on the mortgage, a vehicle loan, and one credit debt. You will want to maintain current payments on all 3 of these debts even though you filed bankruptcy on these debts and were required to list them. Why? Because your liability for these debts goes away, but your spouse’s does not.

The general rule is just because you are married, marriage alone does not make you liable for your spouse’s debts. For example, if you signed for a loan, but your spouse did not, that creditor could not sue your spouse on a loan she/he never took out. Now, there are some exceptions to this. Sometimes, state law makes a spouse liable on another spouse’s debt even if the spouse never signed for it.

Minnesota Statute Section 519.05 is just such a statute. It states spouses that live together are liable for each other’s necessary medical services. What a pile of bull crap this is right? It looks like the medical lobbyists got to our Minnesota legislators and gave them a campaign contribution right? So be careful of this trap. If one spouse files Chapter 7 Bankruptcy on medical bills just in their name, the other spouse may be in for a surprise when the medical bills start coming in their name now.

CONCLUSION

When the time is right, or when you are ready, reach out to a Minnesota bankruptcy law firm known for their best customer service experiences of any Minnesota bankruptcy law firm at www.kainscott.com. You will be so happy you did!

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Topics: Chapter 7 Bankruptcy, Filing Bankruptcy, MN Bankruptcy