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The Bankruptcy Law Clinic Blog

Thursday, May 4, 2017

How filing bankruptcy affects your spouse

When people call us to get information about bankruptcy, they are nervous.  Nervous that the creditors will call their work, nervous that they’ll lose their car or home, nervous about how their bankruptcy will affect their relationships.  Some of the married people who call us have already discussed it with their spouse.  Some are afraid of telling their spouse out of fear or embarrassment and some may be considering bankruptcy because of a recent separation or divorce.  At some point the question will come up.  How will my bankruptcy affect my spouse?

Well, while we are no marriage counselors, lots of couples fight about money.  When you file a bankruptcy, the creditors’ phone calls stop and you can focus on what’s truly important: family, work, and faith.  Imagine not having to deal with creditor phone calls while you are with your loved ones!  Of course there are some more practical considerations as well.  As Jacksonville bankruptcy attorney Chip Parker notes your bankruptcy should not affect your spouse’s credit unless you have joint debts together.  Sometimes spouses aren’t sure if they have debt together.  We can help figure that out as there is a difference between being an authorized user on a debt versus a cosigner.  Occasionally, if there is a debt that both filing and non-filing spouse cosigned on  (say a car or house) and is paying on time, a vigilant eye is needed in case the debt is notes as “in bankruptcy” even if it is current and being paid on time.

When people call we strongly encourage them to bring their spouse or significant other to the initial free consultation.  You value their opinion and we want to make sure everyone involved in the decision gets a chance to ask their questions.  To make things easier, we offer weekend appointments as well.  The internet can’t answer your bankruptcy question, but a qualified bankruptcy law firm can.  Call us today at 305-663-3281.


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