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Bankruptcy Law/My Ex-husband is looking into filing bankruptcy

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Expert: - 3/4/2009


Question
Will I have to file bankruptcy if my ex-husband files bankruptcy? In our divorce papers it was clearly outlined how our debts were being divided. He has the house and one vehicle and I have the other vehicle.  Since my name is still on the loan of the house and one vehicle will I have to follow suit and file?

Thank you

Answer
Whether you need to file a bankruptcy or not can only be determined after a comprehensive consultation with a bankruptcy attorney in your area.   If you are asking whether you owe on the debts that he is seeking to discharge in his bankruptcy case, the answer depends on whether your state is a community property/debt state or not.  In a community property/debt state, such as California, you will remain liable for the debts regardless of any divorce court order apportioning the debts, although you may be able to seek to collect from your ex the portion of debt he was obligated to pay on your behalf (depending on which chapter he files).

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Mark J. Markus- California Bankruptcy Attorney

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Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

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Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

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