Expert: Mark J. Markus- California Bankruptcy Attorney - 7/22/2009

Question
QUESTION: Hi,

I am currently unemployed. I have had a 5 year old debt that I was paying off until I had gotten laid off. The collection agency had an attorney involved. I had mailed my unemployment documents to both the collection agency manager and the attorney to let them know where I stand in my financial state. They had levied my account and now my rent and car may be taken due to this. I am currently married and my spouse was not with me when I had acquired my debt. Would filing for bankruptcy end future levy and garnishments? Will the bankruptcy affect my husbands credit or will he be ok? I live in CA.

ANSWER: Yes, bankruptcy would end the garnishment and any collections activity.  Whether or not it would affect your husband's credit is an extremely complex and hard to answer question.  The best answer I can give you is that there is some possibility that there may be some effect on your husband's credit, but also a possibility that it won't affect it at all.  Were ALL your debts (not just the one that's hassling you now) incurred prior to marriage?  If so, it shouldn't affect your husband at all, especially if he has no debts incurred during your marriage.


See http://www.bklaw.com/ for more information and to schedule an appointment should you so desire.

---------- FOLLOW-UP ----------

QUESTION: Hi,

Thank you for your fast response you have no idea how I appreciate your input regarding my issue. No he is not apart of any debts that I owe and we do not share any debts either. All debts were incurred before marriage and before I had any relationship with him. So since all debts of mines has nothing to do with him, filing for bankruptcy should not affect him?

Answer
It should not affect his credit if there are no debts in common, but since you are married it can affect your joint credit, but I'm really not certain how that works (and nobody really does).  His income and assets would factor in to your eligibility to file.