Spouse filed BK Ch13

[flivai]

Hello all,

I'm sure the question is out there but I can't find my answer. My spouse filed BK Ch 13. We have rolling lates every single month but are covered through the BK. Only my spouse filed. I did not file and I get all the lates showing. Since I live in California and this is a community property state, should these accounts be showing late on my credit report?

I appreciate your feedback in advance.

[krielly]

I assume that you are co-borrowers on this debt? The BK 13 filing protects your husband ONLY if you did not file as well. As a co-borrower, you are equally/jointly responsbile for the debt, so yes, the reporting of lates on your report is to be expected. You don't receive any protection from his filing.

Is there a reason you didn't file as well? I know initially when we were considering a BK13 back in 2005, it was only for my husband. Our attorney asked why we weren't filing jointly, as much of our debt was co-mingled. We ended up both filing. Glad we did.