A: I agree with my colleague that you may not need to file bankruptcy. With that said, some people who are judgment proof still desire to file in order to avoid creditor harassment. You are located in Rialto which is not too far from the Riverside bankruptcy court where a bankruptcy clinic is held. Please feel free to contact me to discuss. I wish you much success.
A: It depends. California is a community property state. This means that debts incurred by your wife before marriage are generally hers alone unless you were a co-signor. However debts incurred during the marriage generally belong to the community which means joint responsibility. You mentioned your wife has bi-polar. Is the debt spending illness related? If so, does she need to have her medication adjusted to help curb the spending? Another suggestion is to have your wife join Debtors Anonymous. Lastly, try talking to a family law attorney about a post-nuptial agreement regarding assets and debt allocation.