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"phantom" discharge per NOLO
Reply-To: Jennifer Jones
X-Original-Return-Path: Jennifer Jones
To: cdcbaa@yahoogroups.com
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Hi friends-My first question for this group. I brought this up at today's CLE but I thought if any of you had this type of situation, you might provide a path I might follow? I filed a 7 under the wife's name because the husband is still within the 8 year period of his last bk (this will expire July 30th of this year). My understanding of one of the advantages of community property laws in bk is that regardless of which spouse files, ALL of their community debt should be dischargeable, regardless of whether a credit card or loan is in the non-filing spouse's name only. The non-filing spouse is now getting phone calls from Target telling him he still owes this debt- does he? am I missing something? if I'm right and it should be discharged, what is the most efficient way to convince these creditors. If I'm wrong and he's still on the hook, a) please explain why b) should I tell him to pay the minimum on those debts until we reach the new filing date for him this year? He's already not paying on those accounts and I fear they might get aggressive before July comes.
Any help would be greatly appreciated.
JJ
The post was migrated from Yahoo.
X-Original-Return-Path: Jennifer Jones
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Hi friends-My first question for this group. I brought this up at today's CLE but I thought if any of you had this type of situation, you might provide a path I might follow? I filed a 7 under the wife's name because the husband is still within the 8 year period of his last bk (this will expire July 30th of this year). My understanding of one of the advantages of community property laws in bk is that regardless of which spouse files, ALL of their community debt should be dischargeable, regardless of whether a credit card or loan is in the non-filing spouse's name only. The non-filing spouse is now getting phone calls from Target telling him he still owes this debt- does he? am I missing something? if I'm right and it should be discharged, what is the most efficient way to convince these creditors. If I'm wrong and he's still on the hook, a) please explain why b) should I tell him to pay the minimum on those debts until we reach the new filing date for him this year? He's already not paying on those accounts and I fear they might get aggressive before July comes.
Any help would be greatly appreciated.
JJ
The post was migrated from Yahoo.