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Can I file Ch7 on myself only without my wife?

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    #16
    Originally posted by tealk View Post
    Yes that is why I will be filing indiv. And I live in Minnesota. Am I in a community property state?
    No, Minnesota is not a community property state.
    Filed Chapter 7 July 2010
    Attended 341 September 2010
    Discharged November 2010 Closed November 2010

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      #17
      And this is a good thing, why? Thanks so much for this help.

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        #18
        In community property states - it does not matter whose name is on the account. Assets/liabilities acquired while married belong equally to both spouses. So if you were in a CP state, creditors could go after your wife for the debts you incurred recently even if her name is not on the accounts.
        Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
        (In the 'planning' stage, to file ch. 13 if/when we have to.)

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          #19
          Thats interesting because I live in a CP state and my attorney said they can not go after my wife for my debt. They may only try and go after the joint debt but she gets a "phantom discharge" and we could fight and win against any actions they try on her.

          Keep in mind that this site is good in helping people with some answers but you should check with an attorney in your area about your state laws.

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