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Spouse Bankruptcy and Debts

In California, if my husband files for bankruptcy for debts that are only in his name can the creditors attach my saving or checking accounts to pay the debts?

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Spouse Bankruptcy and Debts

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Apr 13, 2010
 creditors collecting from spouse
by: Gerri

Thanks for submitting your debt collection question on our Q&A page.

California is a community property state. And in those states, debts incurred by either spouse after the marriage may be considered community property. However, if the debts are successfully discharged in bankruptcy, I doubt those creditors can go after you for payment.

I would strongly encourage you to get legal advice for this situation. Talk with your husband's bankruptcy attorney to find out what your rights and options are.

Please let us know how this goes. You can fill us in by using the comments link below.

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