I am wondering about Married filing BK alone (JRScott please educate me)

[southernbelle]

I don't know why it's been on my mind so much lately, I think I'm trying to occupy my mind on other things besides obsessing over my discharge due in 2 days. I guess have a natural curiosity about everything and this issue has me scratching my head.

If two people are married and one person had debt solely in his/her name and the other person has absolutely nothing to do with that debt. Meaning there were no payments made by the other person and it is not in their name, nor or they listed on the debt.

Can the person with the debt file BK alone (Chapter 7 or 13) or do they still have to file jointly?

If the couple lives in a community property state, do they have to file jointly even if only one person is clearly responsible for the debt 100%?

I understand that their joint income and debts must be used for the Means test to determine if they qualify for a chapter 7 or 13, but I was curious about the requirements for one spouse to file without the other.

Sorry for bugging you with this, I'm getting anxious with only 2 days left until my discharge and I'm running out of constructive distractions.

[AngelinaCat]

Hi Belle:

Is the house spick-n-span yet???

I don't know the answer to a community property state, but I have read either somewhere here, or in the CH7 book, that one spouse filing alone doesn't affect the other. And you only have to list the contribution that the other party made to the running of the household, i.e. if the spouse pays the electric bill, for example.

Good luck!!

[lrprn]

Can the person with the debt file BK alone (Chapter 7 or 13) or do they still have to file jointly?

Whether a married person can file Ch 7 or Ch 13 alone or not depends on the couple's financial cirumstances plus the state they live in.

The person with the debt can file Ch 7 or Ch 13 alone without their spouse if:
- The sole filer does live in a community property state but the vast majority of the filer's debt came before the marriage and there has been very little debt added since the marriage.
- The spouse is not a co-signer or co-owner for the vast majority of the filer's debt. (since most couples do co-mingle their finances to a great degree, this is what forces most to file jointly.)
- (for Ch 7) The person's income for the last six months + the spouse's income contributed for the running of the household is still below the median income for their state. One spouse can still file alone even if their six-month calculated income is above median as long as the circumstances are right to still allow filing Ch 7.

There are very likely other circumstances that would allow a married person to file alone - this is just what I came up with off the top of my head

If the couple lives in a community property state, do they have to file jointly even if only one person is clearly responsible for the debt 100%?

As above, everything depends on the couple's financial circumstances and how filing together vs. filing alone comes out on the Means Test and Schedules.

Sorry for bugging you with this, I'm getting anxious with only 2 days left until my discharge and I'm running out of constructive distractions.

No problem . It must be a very hard wait the last few days after waiting two months already! Hope these last few days go quickly for you, SB!

[danaf]

There is no law/rule that says both spouses have to file jointly in a c property state. Filing jointly is the smarter thing to do though obviously because it gives both a clean slate.

The consequences are - say in my case - where most of my debt was mine before marriage that the creditors could try to go after my husband for repayment. He is well aware of that and chose to take his chances. I consulted with many attorneys who all told me the chances of them doing so in my case are very small, even minute because of my particular situation ie - cards all opened years ago, no joint debt ect. ect.

Now if we had been married for a really long time - then I'd be really worried. But we haven't and again....not filing was his choice. I wish he had. In my opinion he was short-sighted but I couldn't 'make' him file if he didn't want to.

[southernbelle]

Thank you guys. I've stayed away from the forum for the last couple of days in an attempt not to drive you guys nuts!! LOL My house is the cleanest its ever been and I started working in the yard. Of course it's hard to work in 95 degree heat outdoors, but at least it keeps my mind off of it.

I was just curious about the filing single if you're married situation because a previous post had me a bit confused on the issue. Thanks again guys.

(62 days and still awaiting discharge)

[JRScott]

lrprn answered it well

Good Luck belle