Bankruptcy and Common-Law Relationships

October 4th, 2005 by Questions

Hi, I am currently living with a man (common-law) who is considering bankruptcy. I have a very good credit rating. Will his filing bankruptcy affect my credit? What if we have shared property – a house, a car, furniture?

p.s. What is the difference between a secured and unsecured credit card?

Questions

One Response to “Bankruptcy and Common-Law Relationships”



October 05, 2005 at 5:35 pm, Barton Goth, GCO Inc. Bankruptcy Trustees said:

It is very common for a spouse / common-law partner to declare bankruptcy or do a proposal without it affecting the other party. However, you must be very careful when examining all of the facts that (a) all of the debts are listed in individual not joint names, and (b) none of the assets within the house have been pledged as security on any of the loans that will be contained within the bankruptcy or proposal.

I recommend consulting with a trustee in your local area. Make sure you are confident whose names the debts are listed under, if there is any doubt I recommend bringing in the original documents you signed when entering into the various loan contracts for the trustee to review.

In terms of the difference between a secured and unsecured credit card, a secured credit card is a product in which the security deposit you provide is equal to your credit limit. It works just like any other credit card. Your deposit will be held in an interest bearing account with interest (currently 2%) payable annually. You are required to make regular monthly payments over and above the security deposit because this is not a “prepaid” card.

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