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Single Spouse Filings And The Community Property Discharge
Cathleen Cooper Moran

Q. 

Last year my husband filed bankruptcy with me as a non-filing spouse. We live in the state of Wisconsin which is a community property state.

I have been trying to clear up our credit reports and sent a letter to one of the credit reporting agencies. along with the schedule F showing that the accounts that were discharged in the bankruptcy. They replied that since the bankruptcy was not filed under my name, the reported information contained in my consumer file is not affected by the filing. As a result, this information will remain in your consumer file. They told me that my husband was the one who filed and that leaves me with the debt. She stated that they would not remove it and even though I live in a community property state I still owe the debt.

-- carrie

A. 

Welcome to the wonderful world of the community property discharge! The starting point is whether the debts shown in your credit file are debts that you contracted for. If so, they remain enforceable against your separate property, but not the community property.

Your husband's discharge protects any community property that you acquire after his case was filed.

The attorney who handled your husband's filing may be able to sort out what debts, if any, you remain personally liable for.

-- Cathleen Cooper Moran






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