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Officially filed today, still confused

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    #16
    Wife has nothing of any value, everything we have is in my name alone. She also has absolutely no debt, so her filing would be a bad idea.

    There isn't any debt that has been aquired after June either, so I don't think we'll have any issues. Thank you sooo much!

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      #17
      Then it sounds like you are on the right track. I wish you a debt-free, cash only, happy marriage!

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        #18
        Originally posted by Help! View Post
        I'll assume your lawyer has advised you that because you live in a community property state, creditors can come after your spouse for any debt that was acquired after June even if her name is not on the account - right? If you file, will the two of you be debt free or does your wife also have debt? You don't need to answer - I'm just trying to provoke thought. My point is that you may be better off filing jointly at this point and getting out from all of your debt rather than you filing BK just so the two of you can be "less in debt" as a couple.

        My Texas lawyer who is VERY good said as long as my wife isn't on my credit cards or loans with a (joint account/application) then she can't be responsible for the debt. He said an authorized user is someone who is not responsible for the charges only the cardholder. Now you have me all worked up as I'm wondering if like 100k of debt is going to hit my wife?

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          #19
          Originally posted by texanboy76 View Post
          My Texas lawyer who is VERY good said as long as my wife isn't on my credit cards or loans with a (joint account/application) then she can't be responsible for the debt. He said an authorized user is someone who is not responsible for the charges only the cardholder. Now you have me all worked up as I'm wondering if like 100k of debt is going to hit my wife?
          If your lawyer is VERY good, he will be well versed in the case law for your area and has advised you of his *opinion* based on that knowledge. Maybe there has been a ruling in your district that has defined the term "authorized user" limiting responsibility for debts incurred, even though TX is a community property state. If it has you worked up, press your attorney for answers. Ask if it's his opinion that this is unlikely or if he can cite why your wife can't be held responsible.

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