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Debt Settlement

My wife and I are separated and I am thinking of filing for Bankruptcy. If I file, can I declare all of the debt that has been accumulated durning the time of my marriage or does my wife have to file for Bankruptcy as well?

Posted from: Ontario

One Response to “Debt Settlement”

Barton Goth – Goth & Company Inc. -Trustee in Bankruptcy said...

The answer to this depends on who has signed on the debts. For instance, if your wife has signed on any of the debts and you file for bankruptcy. You will be cleared from that debt, but she won’t. Essentially a bankruptcy cannot compromise a debt that someone else has signed on (i.e. your bankruptcy cannot protect your spouse). If she has singed on the debt, then she has to file in her own name to be cleared from that debt.