Q: If I Am Filing For Bankruptcy Without My Spouse Do I Need To Include Their Debt On My Bankruptcy?
Yes, most of the time. Since California is a community property State, the debt incurred by your spouse is most likely community debt, meaning you are most likely liable for this debt as well.
The Bankruptcy Code requires that an individual filing for bankruptcy must include all of their debt in the bankruptcy. This requirement includes community debt that may or may not be in your name.
In these situations, your spouse’s credit will not be impacted by the bankruptcy filing, but the credit account in your spouse’s name might be closed by the creditor.
If you have any questions regarding filing for bankruptcy or the items that must be included when you file, contact the Los Angeles law office of Paul Mankin at 1-800-219-3577 for a free consultation.