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Question about filing jointly?

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    #1

    Question about filing jointly?

    I'm going to file chapter 13 in the near future. My wife will be leaving the country for 6 months to attend college. I've only been married for 4 years and all of the debt is in my name. She will not be on the bk. Does anybody know if I will need her for any process of the bk?
    Could this hurt my bk in anyway?

    Thanks!
    Don't take life too seriously, you won't get out alive.
    Tags: None
    #2
    A question first....do you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin)?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !
    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment

      #3
      I live in California.
      Don't take life too seriously, you won't get out alive.

      Comment

        #4
        In a community property state, even though the debt is only in your name, if it was incurred during the marriage, and you file a 13, she is protected as well from the automatic stay when you file your petition.

        However.

        You will need to use her income when you determine what your disposable income is.

        Comment

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