Wadsworth Bankruptcy Attorney Answers Whether Bankruptcy Filing Affects Spouse’s Credit

Your spouse should typically not be affected if you filed for bankruptcy and she didn’t according to Wadsworth bankruptcy attorney.  The one exception would be is if you have joint debts.  If you have joint debt and only one of you files for bankruptcy, then the creditors can pursue the non-filing spouse.  For example, if you and your spouse both owe Discover card and it’s a joint card and only one of you files for bankruptcy, then Discover card has the ability to collect against the non-filing spouse.  

There are some cases where a spouse’s credit report might be negatively affected even though one spouse filed for bankruptcy and the other didn’t.  We typically see this in the case of joint credit cards or sometimes credit cards with an authorized user.  You can simply dispute the information on the credit report if it pertains to some sort of bankruptcy and you did not file a bankruptcy.  You can start a dispute either online or in writing with the three credit bureaus.  Once you dispute the information on the credit bureaus, the credit bureaus have 30 days to verify the information that is true and accurate.  If after 30 days they do not get proof that the information is true and accurate, then the information will be removed from your credit report.

 

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