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Tuesday, November 10, 2009
My husband has fallen out of debt management due to financial hardship on our family. He is being sued by a collection agency
(summons/complaint) for a previous debt. It has been less than a year, but now the company is suing me for his debt that
was incurred before we were married. The summons/complaint I received had a different name than that is legally mine. We
still have outstanding debts. Would it be better to fill for bankruptcy?
If you do decide to pursue bankruptcy it will stop the complaint that has been filed by the collection company. It sounds
like they were trying to come after you due to Nevada being a community property state. Whether or not they can legally
pursue you for debt accumulated prior to the marriage would be a case for civil court. Bankruptcy court, however, could
take care of the unsecured debts held by both of you. If you would like to come in for a free consultation I may be
able to better advise you on which chapter you would be filing, how long it would take, etc. Feel free to call our office
anytime!
7:51 pm est
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