自己破産 家族(影響・知られてしまうのかなど)

・配偶者が保証人、または配偶者と同居している時、隠し通す事は非常に困難

・同居もせず、保証人でもなければ、家族に知られることはまずない。

・法的に家族への影響は全くないといってよい。

 

自己破産と家族

家庭を持つものが自己破産をしなければならなくなったときは、少なからず家族にも影響が出てきてしまいます。

家族なのですから、包み隠さず事実を家族に打ち明けて、協力して再スタートを切ることをオススメします。

 

・家族には知られてしまうのか?

配偶者が債務の保証人になっている場合は、隠し通すことはほぼ不可能です。債権の取立てが債務者から保証人に移行しますので、いずれバレます。

家族と同居している場合もほぼ不可能です。

同居するものの収入も破産申立のときに申告しなくてはいけません。督促状や債権者からの電話も来ることでしょうし、隠し通すには無理があります。

 

配偶者が保証人ではなくかつ同居もしていない場合は、むしろバレる方が稀かもしれません。この場合は、家族と債務者は何の関係もありませんので、家族に連絡も行きませんし督促も受けることはありません。

但し、悪質な取立て屋が絡んでくると話は別ですが。

 

・家族への影響は?

基本的には全くないといえます。ただし、これは「法的に」影響がない(家族が持つ権利・義務に関しては変動はない)ということです。ありとあらゆる事情に関して影響無とは言い難いです。

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