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Can My Husband File For Bankruptcy Without Hurting My Credit? – Sara

“Dear Steve,

My husbands ex-wife left him with very bad credit. None of it is credit card related. IT is stuff like student loans, overdrawn bankaccounts, unpaided bills, morgage that is twice what the house is worth. He also has a judgment againts him from Ford Motore Credit. We are trying to pay these back up it is over $100,000 we just don’t make that kind of money.

My credit is fair. When I was younger I made some bad choice, but everything I have now is up to date and I’m working on imporving my credit.

Can my husband file for Banckruptcy with out hurting my credit?

Sara”

Dear Sara,

The answer is that he can. As long as he does not have any joint debts with you then you are not involved in this at all. If you have taken out joint debts with him since you have been together, all his debts will need to be listed in his bankruptcy. He can’t pick or choose.

So do this. Find a local bankruptcy attorney that you like and I think the both of you should go in and talk to the attorney about the situation. Not so you can be included, but so the two of you can ask all the questions you can think of and then walk away on the same page. Then the two of you can make an educated and informed decision about what you want to do.

As far as your credit goes, fair isn’t good enough. If you don’t know what is bringing your credit score down then get a copy of your consolidated credit report with the credit score option. Find out exactly what it is that is bringing you down and then address those old and potentially outstanding issues.

Please update me on your progress by posting updates here in the comments section of your question. I’m very interested in how this works out for you.

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P.S. Be sure to read ‘The Secret of Surviving Through Difficult Economic Times. What I Learned On My Journey‘.

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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

7 Comments

  • Dear Steve,
    I have poor credit,and me and my husband name is on my car, would he be affected by me filing bankruptcy,or do we have to file jointly.

  • Steve,

    Thanks for the advice. I have another quick question. I can’t get a straite answere on how long bad dedts stay on your credit report. Do you have any Idea?

    • Sara,

      They remain for 7 years and 6 months from the date negative information was first reported.

      However, if you wait for the time to expire but don’t do anything to build new good credit it just leaves you with no current credit history, and that’s worse.

      Steve

  • Steve,

    I don’t have any at the moment. My debit card is a VISA. Ihave a Homedeput card and and Ashley Furnature card. I use to have a Capital One VISA and I got be hind on the payments. I got it paid off, but I know it won’t come off my credit score for a while.

    Do you have suggestions on what I should do?

    • Sara,

      If you want to life your score up you need to not open any more store cards. They do little to nothing to improve your credit. What you need is to open a couple of major credit cards, like a Visa or MasterCard, use them responsibly and pay them off in full each month. I would suggest a secured card to do this with. With a secured card your credit limit is secured with a deposit at the bank. Look at this list of secured cards.

      Steve

  • Steve,

    Thank you for your advice. I have looked at my credit score, and report in the last month. I have too many credit inquires and to much of my credit limit is in use. What I find funny is that it was sujested that I get a mayjor credit cared to bring my score up. I don’t think this is wise.

    I will keep you posted on how meeting with a bankruptcy lawer goes.

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