Hypothetical - what if spouse is also a creditor?

[Slingerland]

During our weekly argument -er- discussion of my C-13 planning, my wife asked me a question: what if she loaned me the money to get past my cash flow crisis instead of me filing a C-13. This surprised me... her medical debt means that she doesn't have the money to loan me. (Methinks she's been hiding something... ) And what if it isn't enough and I file the C-13 anyway?

For the record, NO WAY would I do this... our marriage is under too much strain as it is...

But this has my curiosity going and the fact is, I don't know the answer. So my question: if one spouse is filing a C-13 solo while owing the other money, can the non-filing spouse be listed as a creditor? And if so, what kind of proof would the creditor spouse need to provide? Handwritten IOU? Something notarized?

It seems to me that a spouse as creditor is too close a relationship... and would cause a trustee to look cross-eyed at the paperwork to find any (other?) evidence of abuse.

Thanks!

[AngelinaCatHub]

First (without me doing the work) is your state a community property state. All debt after marriage may be equally shared. She may have to be partner of this. Any bankruptcy is not shameful. We had credit score 820 and were worth 10 mil in 2000. Things happen and we are 7 and healing quite nicely.

IF you REALLY want a divorce, take her loan. IF you REALLY, REALLY, ask her where her stash is, YOU WILL GET ONE. Don't step in known stit.

A marriage in my opinion should never be "my money, your money" It should be "our money". You don't separate your accounts. We do not use monetary condoms to separate ourselves, now DO WE? (speaking for myself of course).

This is the best I can do for now. Keep us posted. 'Hub

[Slingerland]

Arkansas is not a community property state. Due to the rentals... and the fact that they came from my family through inheritance... we have a "yours-mine-ours" approach to finances. The original purpose was to keep her separate in case a litigation-happy tenant sued me and actually got lucky in court. Under our state law, in such a case the tenant could not touch her money or any homestead property. (For the record, I keep my houses up and to code. )

She considers a bankruptcy to be a shameful act (comes from the Korean culture in her.) On the other hand, she loves to spend money, so her having a stash put back surprises me. I am not going to touch it, because it risks dragging her deeper into this mess. But between this question... and finding out about the signature loan she had me co-sign a few months back... I'm getting very concerned that she's hiding something that will bite me.