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declaring bankruptcy affect our family members?

Discussion in 'Bankruptcy Law' started by sosa, Jul 27, 2019.

  1. sosa

    sosa Law Topic Starter New Member

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    Jurisdiction:
    California
    I am thinking about declaring bankruptcy due to the auto injury claim. would my bankruptcy affect the credits or assets of spouse or children? Could collecting agencies come after them if they fail to do it with me?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    California is a community property state. Might have some impact.

    I suggest you talk to a bankruptcy attorney about it.
     
  3. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    I don't see how your minor children would be affected.
     
  4. zddoodah

    zddoodah Well-Known Member

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    It won't affect anyone's credit other than your own. Nor would it affect anyone else's assets unless any such assets are jointly owned with you.

    "Come after" is awfully vague. Generally, no one but you is liable for your debts. However, and especially since California is a community property state, your spouse may be jointly liable for your debts, even if his/her name is not on those debts.
     
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  5. sosa

    sosa Law Topic Starter New Member

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    yes... I understand that I need to consult a bankruptcy attorney for more details. Are there any contingencies I should be aware of? or any questions I should ask them to make sure things are taken care properly??
     
  6. Zigner

    Zigner Well-Known Member

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    Unfortunately, those are the types of question you need to ask the attorney. Your situation is unique (as is everybody's) and your attorney will need the details of the matter in order to properly advise you.
     
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  7. sosa

    sosa Law Topic Starter New Member

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    I guess you are right. Thanks
     
  8. zddoodah

    zddoodah Well-Known Member

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    I don't understand your question about contingencies, and I suggest you ask whatever questions you want answered. Generally, the best attorney consultations involve the attorney asking questions, not the client.
     
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