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Do i need to file jointly?

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    Do i need to file jointly?

    Hello all,
    I have been just amazed at all of the great post/responses on this board. It really puts one at ease to see so much support here. Ok, my question is this.

    I am considering filling Ch13. I owe about 10-11,000 in unsecured debt. one of them is a Sams Club card that has been in collections forever. My wife has one also. I was wanting to know, if I file can I add hers to mine or will we have to file jointly?

    #2
    If there is debt in her name that you need to file against then it would have to be joint.

    Are you looking at a 13 because you are over the median income or some other reason? If you are over the median I would question fileing on $10k worth of debt.

    Edit: I say this because you are going to probably spend $3000 in attorney fees, you should be able to settle for close to that. Unless you are behind on your home and trying to save it or also have a lot in back taxes...
    Filed CH13 - 06/2009
    Confirmed - 01/2010

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      #3
      If you live in a community property state, and her debt on her seperate card was accumulated and incurred during your marriage, you can add her debt on the petition. Although most attorneys, even in community property states will tell you that its best to just have both of you on the petition.

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