Arizona - Married Filling Separately

[jeanabeana]

I have a very straightforward bankruptcy. I'm married and live in Arizona (which I understand is a community property state). My question is, has anyone filing Pro Se separately from their husband or wife? How did you list their debt? Thank you!

[LadyInTheRed]

You need to learn the laws of community property and debt in AZ. They are here: http://www.azleg.gov/ArizonaRevisedS...s.asp?Title=25. It appears debt is treated like it is in CA. If one spouse incurs debt for the benefit of the community, it is community debt. I didn't have any community debt when I filed, so I can't help from personal experience. The instructions aren't real helpful because they only tell you what to do if you are both filing. I would list any debt in his name that is community debt and indicate it is community debt incurred in your husband's name. It might even be a good idea to list all debt in his name to avoid a creditor coming along later and claiming his separate debt is community debt.

Have you consulted with a couple of attorneys? Pro se filers often take advantage of free consultations, without saying they are going to file pro se, to get these kinds of questions answered. Some attorneys will be more forthcoming on specific details than others without first receiving a retainer. Also, check with your court to see if a pro se clinic is available.

Keep in mind that while your BK will protect your CP during your marriage, if your husband has any SP, creditors will be able to go after his SP to collect against discharged CP debt, weather in your name, his or both.