I live in Arizona, a community property state, community debt state.
The majority of my wifes debt was incurred during the marriage.
According to the Bankruptcy Code, and NOLO How to File Chapter 7 book, when only one spouse files, the other spouse is discharged of their share of the debt as well. Even in a community property state. Most non-community property states, this is the normal routing, but I have seen conflicting websites stating, that the creditors can come after the non-filing spouse in a community property state.
However, according to the bankruptcy Code 524 (b)(2), if the non-filing spouse could not receive a discharge himself for whatever reason, like a prior chapter 7 discharge in 2004 in my case. Then the hypothetical discharge does not apply.
I have a two part question to this.
1. Will the creditors, after a no-objection 341 and discharge, still try to come after me for payment.
2. Or is it too late for them to do this, because the case has already been discharged, and they did not object within the time frame as permitted.
Please help, I am stuck with this, if we cant do the 7, then the 13 will be the way to go for us.
Thanks everyone!
The majority of my wifes debt was incurred during the marriage.
According to the Bankruptcy Code, and NOLO How to File Chapter 7 book, when only one spouse files, the other spouse is discharged of their share of the debt as well. Even in a community property state. Most non-community property states, this is the normal routing, but I have seen conflicting websites stating, that the creditors can come after the non-filing spouse in a community property state.
However, according to the bankruptcy Code 524 (b)(2), if the non-filing spouse could not receive a discharge himself for whatever reason, like a prior chapter 7 discharge in 2004 in my case. Then the hypothetical discharge does not apply.
I have a two part question to this.
1. Will the creditors, after a no-objection 341 and discharge, still try to come after me for payment.
2. Or is it too late for them to do this, because the case has already been discharged, and they did not object within the time frame as permitted.
Please help, I am stuck with this, if we cant do the 7, then the 13 will be the way to go for us.
Thanks everyone!
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