Arizona - Filing Separately

[jeanabeana]

I came across this forum and have been finding it very helpful. I'm just about ready to submit my paperwork to the courts (I'm going through a paralegal). I have a very straightforward bankruptcy meaning I don't own a home or a business, 401k or anything like that. It's mostly just medical and credit card debt. However, my husband has a credit card and a car he is paying on. I want to exempt his debt. do i just add his debt as exempt? as anyone had any experience doing this?

thank you to everyone for your replies and help!

[despritfreya]

You are in a community property state. Unless you have a valid pre or post nuptial agreement, you are required to. . .

1. List any and all debt incurred by you before you married AND any and all debt incurred by your OR your husband after you got married, regardless of who signed on the dotted line. Secured debt such as a vehicle (if financed after you got married) belongs on Schedule D. Unsecured debt such as credit cards used after you married are listed on Schedule F.

2. List all assets acquired by you before marriage AND by either one of you after marriage regardless of whose name appears on the title or who "purchased" the item. This necessarily would include "your husband's vehicle". Personal property is listed on Schedule B and proper exemptions should be on Schedule C.

3. For purposes of means testing include your husband's income.

4. For the purpose of Schedule I include your husband's income.

If any of what I have stated is "foreign" to you and/or you have not complied with the above, you really need the assistance of counsel, not a paralegal.

I hope this helps.

Des.

[LadyInTheRed]

If any of what I have stated is "foreign" to you and/or you have not complied with the above, you really need the assistance of counsel, not a paralegal.

As a paralegal, I want to stress this point. A paralegal is not allowed to give you legal advice. A paralegal who is not supervised by an attorney can only act as a document preparer which basically means they are a scribner who fills out forms as you direct. If you are filing pro-se, you should not rely on anybody other than an attorney or yourself to understand the law and how to properly complete your petition.

[jeanabeana]

I really appreciate your advice. Thank you!

[hulaw]

I'm probably a little late to the party, but most Arizona bankruptcy attorneys offer free consultations.

[despritfreya]

I'm probably a little late to the party, but most Arizona bankruptcy attorneys offer free consultations.

Very true and a consumer should do his/her due diligence and check to make sure whatever attny he/she hires carries malpractice insurance?

Des.