Can I include a joint account if shes not filling?

[sacramento30]

Good afternoon BKForum. I had 2 foreclosures and 2 repos from a failed business venture on my credit so I'm in need of a Ch7 which I will file soon.

My question though:
The above was all previous to my marriage so she won't have to file. We had a gym membership that we had to stop paying when I lost my job and they now have a collection agency trying to squeeze me for several thousand dollars.

Can I include the debt in my BK even if my wife is not filing? How will it affect her credit? The gym didn't have her SSN....

Any help is appreciated.

I'm from California if that matters.

[lrprn]

...she won't have to file. We had a gym membership that we had to stop paying when I lost my job and they now have a collection agency trying to squeeze me for several thousand dollars.

Can I include the debt in my BK even if my wife is not filing?

You can certainly include it in your filing-alone Ch 7. However, since you live in a community property state (CA), whether your wife will still be held resonsible for paying the debt depends on whether you were married when the gym contract was signed. Were you married then?

How will it affect her credit? The gym didn't have her SSN....

If you were married when the gym contract was signed, then your wife will be responsible for paying the debt in full even if you include it in your Ch 7 and no longer are responsible. If she is responsible for the debt and doesn't pay it, then her credit score will take a hit just like it does whenever paying a debt is in arrears.

I'm from California if that matters.

Yes, in your case, since CA is a community property state, if you were married when the gym contract was signed, it very much matters. Thanks for sharing this.

[Majakat]

If you took over the debt in the divorce agreement, it would not be hers anymore tho, correct?