Reaffirming-CALIFORNIA

[Walangatik]

I am married and I will be filing chapter 7(individual petition) next week.

My husband and I own two properties and one car. Our primary residence and rental property.

I plan to keep both homes and my car by continuing the payments on time but will not reaffirm.

By not reaffirming but maintaining payments, will it affect my husbands credit? and if I reaffirm, will that make a difference in affecting my husbands credit?

The last I want to do is mess his credit up.

Please advise....

[lrprn]

I am married and I will be filing chapter 7(individual petition) next week.

A few questions first....

You want to file alone without your husband, correct? Do you realize that the state you live in, California, is a community property state? That is going to make filing bankruptcy alone without him quite challenging. You may be able to remove your responsibility to pay all your debts, but any debts incurred during your marriage and those assets you both own will just be shifted to your husband to pay in full.

You need to discuss this with 3-4 experienced bk attorneys in your area. Since you have more properties than your homestead involved, that makes things even more complicated. You really need to file with an experienced CA lawyer. Don't even think about trying to do this without one. Filing alone in a community property state is quite complicated with many potential pitfalls.

How do you know you can file Ch 7? Is your mutual income from all sources under the CA median income for your family size? Have you done the required Means Test and Schedules yet to see if you are showing disposable income or not?

By not reaffirming but maintaining payments, will it affect my husbands credit? and if I reaffirm, will that make a difference in affecting my husbands credit? The last I want to do is mess his credit up.

Your husband's credit score is the last thing the two of you should be worrying about right now.

*IF* you are able to file alone, then other than taking on responsibility for any debts incurred while you two have been married, he's not filing bankruptcy. His credit scores have nothing to do with you filing so they won't be affected *IF* you are able to file alone. Whether you reaffirm or not has nothing to do with your husband's credit scores if you are able to file alone.

Is your husband aware that you want to file bankruptcy?

[sjcmCA]

After your debts are discharged through chapter 7, the creditors would sue your husband because you are living in the community state.

I consulted with several attorneys. Some said we don't have to file together since there are no debts on my wife's name. However, there are some cases that the creditors tried to come after spouse after BK.

In this worst case, you husband should file bankruptcy as well.

I have been very confused as well but I am leaning to file bk both even though there is no my wife's debts and assets.

Attorneys said "don't gamble with the creditors, there might come after your wife someday"

Even though possibility is not high on my case, there is still a possibility.

You need to have several consultations with experienced attorneys in your area.

FYI, I am living in Northern California.

[Walangatik]

My husband does know I am filing banruptcy.

We do not share any credit cards together at all.

We have the two properties and I am on both titles and one of the loans but not the other.

I did the means and it said that the "presumption does not arise and the schedules I and J are negative.

On Form B22a do, when I list my secured claims do I include my husbands car since I pay all the bills? or do I only list my vehicle?

I do not want an attorney as I have spoken to a few and they do not have our interest but their own.

[sjcmCA]

It's very similar situation with mine.
You need to make sure if your husband should file BK at the same time.
As I mentioned above, one of the experienced attorneys, former judge with 40 years experience, recommended to file both since the creditors are looking for their moneys in a different way.

He said to me that he saw some cases the creditors came after spouses who didn't have any names on his/her spouse's debts.

Since too many(?) people filed BK recently, the creditors work differently now.