Should we file jointly?

[fortknox]

I just had my first phone consultation with an atty yesterday and he emailed all the paperwork for me to fill out and a list of docs to gather.
The plan was just for me to file, and not my husband since 95% of the debt is in my name alone.

First, when gathering my docs and listing debt, do I just have to provide info on my debts and bank accounts, or also those that are just in my husband's name?

Second, after reading some of the threads on here, I have just discovered that we live in a community property state (WI). So, from my understanding even after I filed and get a discharge, the creditors can still come after my husband even though the debts are not in his name? Is this right?

So, would it just make more sense for us to both file? I just did my online pre-filing couseling yesterday too. Will it screw things up for him to file with me now (will I have to pay to retake the counseling?).

[LSUTiger32]

What is the amount of debt in his name? I would think just on the surface that if one of you can not file it might help you in the long run. Why is everything in your name only though? Seems like he would get off the hook and you would be left holding the you know what!

[fortknox]

He has about $9500 in credit card debt (I just added it up, it's actually more than I realized). I have about $40,000 in credit cards alone.

The reason we were only going to have me file was to hopefuly leave one of us with decent credit. Everything is mostly in my name because he filed about 9 years ago before we were married. I had good credit, so we started putting things just in my name. Then he lost his job in the mortgage industry and we had to resort to living off credit cards for a while. Now he has good credit and mine is crap. *sigh*

I guess it is starting to look like we should just both file then, to get rid of his debt and to protect him from my creditors coming after him?

[optimistic1]

If you live in a community property state, and all of the debt incurred was during your marriage, it is considered "community debt". It doesnt matter who's name was on the application when you applied. On the same token, it doesnt matter if one or both spouses are on the Chapter 7 petition, because either one of you filing would be representing the community as a whole. When you file, you will be including your spouses debt regardless, all wages and property owned is part of the bankruptcy estate.

There are limitations to this hypothetical discharge that the non-filing spouse receives. Collectors still have the right to collect from a non-filing spouses sole and seperate property, meaning property they acquired prior to marriage, as well as inheritances. If you divorce one another, the discharge is null and void for the non-filing spouse.


This would effectively keep one of your credit records public record clean of a bk filing, you would have only notations on the accounts.

Creditors and collection agencies and attorneys still will have a hard time understanding how community property laws and bankruptcy laws intermingle. You will most likely still have people trying to sue the non-filing spouse, but you will have some very strong affirmative defenses, they will lose for sure, trust me, but there are some technical stipulations though. Or they might never even bother to pursue the debt ever again, you wont find out until you try it.