declaring bankruptcy affect our family members?

[sosa]

Jurisdiction

California

I am thinking about declaring bankruptcy due to the auto injury claim. would my bankruptcy affect the credits or assets of spouse or children? Could collecting agencies come after them if they fail to do it with me?

 

[adjusterjack]

California is a community property state. Might have some impact.

I suggest you talk to a bankruptcy attorney about it.

 

[PayrollHRGuy]

I don't see how your minor children would be affected.

 

[zddoodah]

would my bankruptcy affect the credits or assets of spouse or children?

It won't affect anyone's credit other than your own. Nor would it affect anyone else's assets unless any such assets are jointly owned with you.

Could collecting agencies come after them if they fail to do it with me?

"Come after" is awfully vague. Generally, no one but you is liable for your debts. However, and especially since California is a community property state, your spouse may be jointly liable for your debts, even if his/her name is not on those debts.

 

[sosa]

yes... I understand that I need to consult a bankruptcy attorney for more details. Are there any contingencies I should be aware of? or any questions I should ask them to make sure things are taken care properly??

 

[Zigner]

yes... I understand that I need to consult a bankruptcy attorney for more details. Are there any contingencies I should be aware of? or any questions I should ask them to make sure things are taken care properly??

Unfortunately, those are the types of question you need to ask the attorney. Your situation is unique (as is everybody's) and your attorney will need the details of the matter in order to properly advise you.

 

[sosa]

I guess you are right. Thanks

 

[zddoodah]

Are there any contingencies I should be aware of? or any questions I should ask them to make sure things are taken care properly?

I don't understand your question about contingencies, and I suggest you ask whatever questions you want answered. Generally, the best attorney consultations involve the attorney asking questions, not the client.