I never thought I would end up asking questions like this. I started a
business in the winter of 2001 (construction contracting). I worked
overtime and put all my extra money into tools, licenses, insurances
etc. I used credit cards for some of the equiptment. Things were
starting off ok in the spring of 2002. I got my first account, I was
breaking even on the jobs and was just ready to bid some bigger jobs
that had profit in them, then I blew a disc out in my back. I went on
disability for 1 year. I took my disability payments and paid the
minimum on the CC. Two months ago the disability ran out. CC and
everyone else is on me. I can't return to my former career. The only
work I can find is very low paying, besides my priority is to
re-educate myself for the future. We have worked for decades to get
our credit clean. My spouse has a very good job and I can't expect her
to repay my CC. Is there a way to file BK and not have my spouse
involved? If a couple divorces how long is the time period between
divorce and BK where the courts do not consider divorce as an evasive
tactic to protect an innocent spouse? Maybe some of you have seen
other couples figure out a way to protect the credit and income of the
other spouse.

Assuming you don't live in a community property state and have no joint
debt, your filing won't affect your spouse's credit.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
************************************************** ***************


"mike walters" <bargnz@yahoo.com> wrote in message
news:f8f33213.0312202012.67cf5f78@posting.google.c om... I never thought I would end up asking questions like this. I started a business in the winter of 2001 (construction contracting). I worked overtime and put all my extra money into tools, licenses, insurances etc. I used credit cards for some of the equiptment. Things were starting off ok in the spring of 2002. I got my first account, I was breaking even on the jobs and was just ready to bid some bigger jobs that had profit in them, then I blew a disc out in my back. I went on disability for 1 year. I took my disability payments and paid the minimum on the CC. Two months ago the disability ran out. CC and everyone else is on me. I can't return to my former career. The only work I can find is very low paying, besides my priority is to re-educate myself for the future. We have worked for decades to get our credit clean. My spouse has a very good job and I can't expect her to repay my CC. Is there a way to file BK and not have my spouse involved? If a couple divorces how long is the time period between divorce and BK where the courts do not consider divorce as an evasive tactic to protect an innocent spouse? Maybe some of you have seen other couples figure out a way to protect the credit and income of the other spouse.

"Brett Weiss" <lawyer@erols.com> wrote in message news:<K6idnX2YKdCh53ui4p2dnA@comcast.com>... Assuming you don't live in a community property state and have no joint debt, your filing won't affect your spouse's credit. -- Brett ************************************************** *************** * Personal Injury/Malpractice Bankruptcy * * * * BRETT WEISS, P.C. * * Attorneys at Law * * Maryland, D.C. and Federal Bars * * lawyer@erols.com * * http://www.erols.com/lawyer * * * * Small Business Estates & Estate Planning * ************************************************** *************** The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the facts and the law applicable to your situation. ************************************************** *************** "mike walters" <bargnz@yahoo.com> wrote in message news:f8f33213.0312202012.67cf5f78@posting.google.c om... I never thought I would end up asking questions like this. I started a business in the winter of 2001 (construction contracting). I worked overtime and put all my extra money into tools, licenses, insurances etc. I used credit cards for some of the equiptment. Things were starting off ok in the spring of 2002. I got my first account, I was breaking even on the jobs and was just ready to bid some bigger jobs that had profit in them, then I blew a disc out in my back. I went on disability for 1 year. I took my disability payments and paid the minimum on the CC. Two months ago the disability ran out. CC and everyone else is on me. I can't return to my former career. The only work I can find is very low paying, besides my priority is to re-educate myself for the future. We have worked for decades to get our credit clean. My spouse has a very good job and I can't expect her to repay my CC. Is there a way to file BK and not have my spouse involved? If a couple divorces how long is the time period between divorce and BK where the courts do not consider divorce as an evasive tactic to protect an innocent spouse? Maybe some of you have seen other couples figure out a way to protect the credit and income of the other spouse.


We are in California, the debt was acquired in my name while we were
and still are married. I need to know if anyone has seen other couples
in CA protect
the other spouses income and credit. What if we divorced and I assumed
the debt
then filed ch 7. Can they go after my spouse even if divorced and I
have assumed the debt in a divorce decree?

mike walters wrote:
We are in California, the debt was acquired in my name while we were and still are married. I need to know if anyone has seen other couples in CA protect the other spouses income and credit. What if we divorced and I assumed the debt then filed ch 7. Can they go after my spouse even if divorced and I have assumed the debt in a divorce decree?


California is a community property state.

John <spambegone@127.0.0.1> wrote in message news:<t%5Gb.10880$wL6.1458@newsread1.news.atl.earthlink. net>... mike walters wrote: We are in California, the debt was acquired in my name while we were and still are married. I need to know if anyone has seen other couples in CA protect the other spouses income and credit. What if we divorced and I assumed the debt then filed ch 7. Can they go after my spouse even if divorced and I have assumed the debt in a divorce decree? California is a community property state.

Hmmm,
Well then I suppose I could set up residence in a more favorable
state.
Any suggestions on more favorable states. Does anyone know the nuts
and bolts of a move like that?

"mike walters" <bargnz@yahoo.com> wrote in message
news:f8f33213.0312241836.3f1d93d4@posting.google.c om... Hmmm, Well then I suppose I could set up residence in a more favorable state. Any suggestions on more favorable states. Does anyone know the nuts and bolts of a move like that?

Most bankruptcy attorneys provide a free initial consultation. Since you
are in California, it would really be worth your time to talk with one or
more bankruptcy attorneys in California. Even though your wife has a good
job, if your debts are high enough, you might still qualify for a Chapter 7
bankruptcy. There are also issues of whether or not you and your wife own
assets such as a home. There are some states where the homestead equity is
high or even unlimited (Florida, Texas?), but it seems like an awful lot of
effort for you and your wife to move, your wife to give up her job, etc.,
just to get rid of some debts. It is also possible that if you are on
disability you might be "judgment proof" with regard to your debts and don't
need to do a bankruptcy filing. With so much at stake, and given that you
are even considering divorce and/or a move to another state, it really would
make sense to hit the bankruptcy attorney circuit and see what they tell
you.

Good luck. I am not an attorney so these are just my own personal opinions
and thoughts.

On the issue of moving to another state, it