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Debtor & Joint Debot question

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    Debtor & Joint Debot question

    My husband and I are filing for Ch 13, and on the petition our attorney listed my husband as the debtor and me as the joint debtor.

    Most of our debt is in my name (CC's all in my name, husband is only tied to one). Our mortgage is in my name. Our car loan is in my husbands name.

    Does it matter who is listed as the Debtor vs. Joint debtor on our petition??

    I assume that it shouldn't matter since we are both filing. But, my husband thinks that since the majority of the debt is in my name that I should be listed as the debtor and he should be the joint debtor.

    Thought I would throw this out to the forum to get feedback before I call the lawyer.
    Filed Chapter 13 on March 16, 2010
    341 Mtg on April 16, 2010, Confirmed on May 7, 2010 (Step plan for 36 months)
    35 months down - 1 to go

    #2
    It doesn't matter. It's fairly standard to list the husband first.
    Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
    0% payback to unsecured creditors, 56 payments down, 4 to go....

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      #3
      As a matter of fact, in the BestCase bankruptcy software I *must* list the husband first, otherwise its screws up my Schedule C by putting the wife's exemptions under the husband's name and vice versa!

      But, again, it doesn't matter.

      Comment

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