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Marriage and Debt Indemnity

Feb. 22, 2016

If you were married during your husband’s bankruptcy and you are still married now your community assets are protected by his discharge. If you were separated or are now divorced you would have to file your own individual Chapter 7 in order to discharge your personal liability on the debt. You might be able to sue your husband on the debt in the event you are forced to pay it if the court view’s your legal liability on the debt as a domestic support obligation that was not discharged as to your husband. As to the creditor he has every right to go after you for the money because your liability was not discharged as to the creditor.