Olsen on Law Radio show is the longest continuously running legal talk show in the country and the world. Attorney Tom Olsen started doing his radio show in June of 1986.
Attorney Tom Olsen is host of the Olsen on Law Radio Show on FM 96.5 WDBO in Orlando. You can reach Tom at 407-423-5561 or tom@lawtube.com. Tom has been answering legal questions on his radio show for 26 years and has been practicing law in Orlando, Florida for over 30 years.
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Attorney Tom Olsen: You’re on News 96.5 go ahead.
Caller: Yes, my question is, if my wife bankrupts and I don’t will that affect my credit?
Attorney Tom Olsen: Okay so fascinating question Jim, so does it occasionally happen where only one of the spouses files bankruptcy?
Jim: Yes, it does and if your wife only has her debts and you have your debts then the answer is it should not, absolutely should not, affect your credit history whatsoever. The only time it comes into play is when you have joint debts and let’s say you have a joint credit card where both of you originally signed the credit card to sign up for it. Then the credit card company still has a right to come after you and it could impact your credit history that way. And in the future if you ever go together to get credit her bankruptcy of course is going to affect both of you.
Attorney Tom Olsen: Yes.
Jim: But if he went to apply for credit they should not take her bankruptcy into consideration in whether or not to give him credit or not.
Attorney Tom Olsen: Okay, so Jim, let’s take this a step farther. So let’s say the wife has got a bunch of credit cards in her name only. The husband never signed on the dotted line. Would the bankruptcy court look beyond that and say, “Look, well the wife was charging new furniture for the living room and taking them both on a vacation together”, would a bankruptcy court be able to cut through that kind of thing?
Jim: No, they would look at the debt but the only time that that would be taken consideration is both their incomes are taken into consideration as to whether or not the wife could file the Chapter.
Attorney Tom Olsen: I got you, so his income is included as far as her qualifying to file bankruptcy.
Jim: Yes. As far as the qualification under what’s called ‘the means test’, that is the family income.
Produced by Professional Media Ideas. Call or text Chrissy Merrill at 407-808-8398 or by email at chris@lawtube.com
Can just a husband or just the wife file bankruptcy?
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